AJAY KUMAR BASU, B.C.MISRA
MURLIDHAR HASPURIA – Appellant
Versus
BANSIDHAR HALWAI – Respondent
( 1 ) THE respondent filed the suit out of which this appeal arises. Claiming specific performance of a verbal agreement, possession of various articles of the business carried on under the name and style of ?murlidhar Agarwalla,? alternatively a decree for Rs. 20,500/- declaration that the sole owner of the business, and for various other reliefs. In this suit a judgment and preliminary decree was passed on February 3, 1971, for dissolution of the partnership, a receiver of the partnership assets was appointed and a decree for a sum of Rs. 1000/- as damages was also passed in favour of the respondent for wrongful trespass by the appellant. This appeal is directed against this judgment and decree.
( 2 ) THE respondent's case was that since prior to December 1, 1961 he and the appellant carried on business of a Flour Style of ?murlidhar Agarwalla?. In this partnership the respondent had a one third share and the appellant a two third share.
( 3 ) ON or about December 1, 1961 the parties entered into an agreement in writing, which provided that the respondent would exclusively manage and be in charge of the said business for a period of 5 years, with an option for a
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