( 1 ) I. A. No. 4734/98 has been filed by plaintiff for restraining defendant No. :1 from realising the decretal amount payable under decree passed in Suit No. 110/85 Sant Singh v. M/s. Janta Hydrolic and Others by the Court of an Addl. District Judge, Delhi from defendant No. 4 a tenant. I. A. No. 901/99 and I. A. . No. 3615/99 have been filed by defendant No. 1 seeking release of the balance amount of Rs. 1,90,099. 00 deposited in this Court by defendants 5 and 6/tenants and also for vacating the stay against withdrawal of Rs. 1,26,000. 00 realised in decree passed in Suit No. 110/85 referred to above, which has been stayed by this Court.

( 2 ) THESE applications have been filed in the circumstances as mentioned hereafter.

PLAINTIFF and defendants No. 1 to 3 had started a business in partnership under the firm name of M/s. Sardar Plastic Industries at 1429, Fiaz Ganj Road, Bahadur Garh Road, Delhi for manufacturing plastic and stationary items. Defendant No. 1 is father whereas plaintiff and defendants No. 2 and 3 are his sons. The plaintiff has alleged that the plot of land bearing Industrial Plot No. 150 situated in Block "c", Mayapuri, New Delhi measuring 1210 sq. yds. was allotted by DDA to them as partners of M/s. Sardar Plastic Industries by means of registered lease deed dated 20. 9. 1967, construction thereon was also raised by the four partners and is also occupied by them besides others including defendants No. 4 to 6 as tenants. It is also alleged that for the last few years the partnership has stopped its business and now they have only rental income, that defendant No. 1 has been realising rent from defendants No. 4 to 6 and has been looking after the affairs of the partnership business but he has not rendered its accounts for several years and the plaintiff has also been excluded from the affairs of the business. He has accordingly filed the present suit for dissolution of the firm in case the firm is found not already dissolved and for rendition of accounts in respect of his 1/4th share therein.

( 3 ) DEFENDANT No. 1 in his written statement has admitted that plaintiff and defendants No. 1 to 3 were doing business as partners of M/s. Sardar Plastic Industries. However, the said firm was dissolved w. e. f. 1. 4. 1972, when plaintiff and defendant No. 3 retired from the partnership, its accounts were gone into, and on dissolution, plaintiff got shop No. 1993-41 measuring 64 yards situated at Shivaji Road while defendant No. 3 was allotted shop premises No. 1993-42, Shivaji Road, Delhi measuring 150 sq. yds. besides payments made to them and properly No. C-150, Mayapuri, New Delhi belongs to defendant No. 1 and it was specifically agreed in the partnership deed that the plot on allotment would belong to him alone. Defendant No. 1 and defendant No. 2 continued as partners but defendant No. 2 also retired later on and defendant No. 1 continued the business and he is the sole owner of the aforesaid industrial plot.

( 4 ) PLAINTIFF in replication has disputed the dissolution of the firm or its accounts having been settled. It appears that defendants No. 2 and 3 had also filed their written statement but that is not brought on record though the replication filed by the plaintiff to it is on the record. Now defendant No. 1 has placed on record copy of their written statement. Defendants 2 and 3 have also in this written statement pleaded that the firm M/s. Sardar Plastic Industries was dissolved in April 1972, its accounts were settled and amounts found due to plaintiff and defendant No. 3 were paid by means of cheques and properties No. 1993-41 and 1993-94 situated at Shivaji Road, Azad Market, Delhi were allotted to them and now plaintiff and defendants No. 1, 2 and 3 are carrying on their business separately from each other and that except defendant No. 1, others have got no interest in properly No. C-150, Mayapuri, New Delhi,

( 5 ) DEFENDANTS No. 4, 5 and 6 were occupying parts of the properly apparently a