RAMESH CHANDRA Vs. CHITARMAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 24/12/2016 passed by Civil Judge, Bijolia, District, Bhilwara, whereby, the suit filed by the appellants has been dismissed on preliminary issue and judgment and decree dated 6/8/2018 passed by Addl. District Judge No.3, Camp - Mandalgarh, District, Bhilwara, whereby, the appeal filed by the appellants has been dismissed, respectively.

(2.) The plaintiffs-appellants filed a suit for permanent injunction with the averments that the land comprised in khasra no. 57/2 ad measuring 5 bigha is in tenancy of respondent-tenant Chitarmal. The defendant got included his name in the quarry license belonging to Onkar and Nanalal so as to undertake mining operations on the land comprised in khasra no. 57/2. Based on the terms decided between the license holders and defendant, the name of defendant was added in the quarry license.

(3.) As the defendant required capital for undertaking mining operations, the plaintiffs on oral proposal agreed for 50% partnership. It was indicated that 50% share was that of defendant and 10% each of plaintiffs. It was agreed that the business will be done in the name of 'Shree Stone, Sukhpura' and a partnership deed and an agreement was executed on 28/12/2009 and payment to the extent of 50% of the value of land was made to the defendant.