RAM PRASHAD Vs. MAYA DEVI

JUDGEMENT

(1.) This first appeal has been preferred by the defendant aggrieved against the judgment and preliminary decree dated 19.04.1984 passed by the Additional District Judge No.2, Hanumangarh ('the trial court'), whereby, plaintiff's suit for rendition of accounts has been decreed.

(2.) The facts in brief are that the plaintiff Smt. Maya Devi filed a suit for rendition of accounts and for payment of her share from the said accounts, inter alia, with the averments that a firm in the name of M/s. Ram Prashad Amrit Lal was constituted between the plaintiff and defendant Ram Prashad, whereby, the head office was situated at village Tibbi, Tehsil Tibbi for running brick kiln and for sale of bricks and tiles on 07.07.1964 and a partnership deed, in this regard, was executed on 19.04.1965. The original documents relating to the partnership and its registration certificate were with the defendant. The partners had agreed to share profit and loss at 50% each and each partner was entitled to 12% interest on the capital.

(3.) It was then claimed in the plaint that first of all in 1964 land was procured from the State Government for setting up of brick kiln and the same was operated in partnership and bricks and titles were sold after manufacturing. The said brick kiln was closed and entire accounts were taken and thereafter in the said partnership firm another land was procured in village Talwara, Tehsil Tibbi and a new brick kiln was established and there also bricks and tiles were manufactured and sold. The said manufacturing continued till 1972-73 and thereafter the brick kiln was closed down. After closing down the brick kiln in the year 1972-73, the sale of bricks and titles manufactured at the brick kiln, the left out coal and fuel and other goods relating to the kiln continued.