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1994 Supreme(SC) 1238

M.N.VENKATACHALIAH, R.M.SAHAI
Gangadhar Madhavrao Bidwai – Appellant
Versus
Hanmantrao Vyankatrao Mungale – Respondent


Advocates:
A.K.SEN GUPTA, B.K.Mishra, EJAZ MAQBUL, K.K.GUPTA, M.D.ADKAR, S.K.BHATTACHARJEE, V.M.TARKUNDE

JUDGMENT

R.M. SAHAI, J.

(1) THE only question that arises for consideration is whether the recital in a deed of dissolution of partnership, Ext. 48, that Survey Plot No. 699 was a partnership property was admissible in evidence.

(2) BOTH the plaintiff-appellant and defendant-respondent were partners in M/s Maharashtra Metal Manufacturing Company. The partnership was formed in 1952 and it lasted till 1959. In 1955 the plot in dispute was purchased by the defendant. At the time of dissolution a partition deed, Ext. 46, was executed. A Deed of Dissolution, Ext. 47, was executed on 1/8/1961 and another deed, Ext. 48, was executed on 1/9/1961. In all these deeds, this plot was mentioned. In the last deed the recital read as under:

"WE both have been carrying on the business of making and selling lotas (a) of copper in partnership for a long time in the name of M/s Maharashtra Metal Manufacturing Company Pune. We have duly recorded the deed of dissolution of partnership on the date 1/9/1961. There were factories running at two places and belonging to our partnership. Similarly there is a plot bearing Survey No. 699 of the ownership of our partnership, situ






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