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1971 Supreme(Pat) 38

B.N.JHA, B.D.SINGH
Sheonarain Jaiswal – Appellant
Versus
Shree Kripa Shankar Jaiswal – Respondent


Judgment

1. At one time the plaintiffs and their father Ram Narain Jaiswal and the defendants and their father Rai Saheb Lakshmi Narain Jaiswal constituted one joint Mitakshara family which possessed considerable properties. On account of some differences, the two branches separated sometime in 19.53. Later on the adult members of the two families formed a partnership firm by a registered partnership-deed dated April, 1. 1954, under" the name and style M/s. Lakshmi Narain Ram Narain. The plaintiffs branch owned four shares and the remaining six shares belonged to the defendants branch. There is no dispute that the properties mentioned in the schedule to the plaint belonged to the aforesaid partnership firm. The firm mainly engaged itself only in manufacture and sale of spirits, country liquor and liquors of foreign brand. According to the case of the plaintiffs, the partners dissolved the firm sometime before April 16, 1970 and agreed to partition the assets of the firm in proportion to their share. So long as Rai Saheb Lakshmi Narain Jaiswal, father of the defendants, was alive, he was in sole charge of the firm and after his death the parties reposed confidence in defendant No. 1,



























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