GANPAT RAI Vs. ABNASH CHANDER

JUDGEMENT

(1.) THIS is plaintiffs revision against the order of the Munsiff, Jammu. dated 21 -7 -1971 whereby a preliminary issue was decided in favour of respondent No. 1.

(2.) THE facts giving rise to the present petition are that the plaintiffs, who had entered into a partnership with the defendants to run a business as a dealer in radios and sewing machines in the name and style of M/s India Radios, having fallen out, had filed a suit for dissolution of partnership and rendition of accounts.

(3.) THE defendants filed a written statement admitting the partnership between the parties and almost agreed that the partnership may be dissolved and accounts should be taken. The only point of contest raised was that the partnership business was carried on in a shop belonging to Khukhran Bradri, Jammu, situated on Raj Tilak Road, Jammu and defendant No. 1 claimed that the shop has been taken on rent by him so at the time of dissolution the shop and its tenancy should revert back to him. On this dispute between the parties the only issue in the nature of a preliminary issue was raised which is as follows: - Whether Abnash Chander, defendant, is the sole tenant of the suit shop? OPD 1.