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1970 Supreme(Del) 130

T.V.R.TATACHARI
AMRIK CHAND – Appellant
Versus
HARBANS SINGH – Respondent


Advocates Appeared:
B.Kirpal, RAKESH SAWHNEY, SARDAR BAHADUR SAHARYA

T. V. K. Tatachari, J.

( 1 ) THIS judgement will dispose of two Second Appeals, S. A. O. Nos. 92 and 306 of 1968. . Amrik Chand is the appellant in both the second Appeals, and Harbans Singh is the respondent in the two second Appeals. The facts which have given rise to these second Appeals are as follows :- The dispute between the parties relates to three rooms and a Varandah in house No. 14, South Patel Nagar, New Delhi. The said house was Government built property and was allotted to Amrik Chand by the Ministry of Rehabilitation in the year 1954. In 1955, an agreement deed purporting to be a partnership deed was executed between Amrik Chand and Harbans Singh, and the latter was put in possession of the said three rooms and Varandah. Subsequently, disputes arose between them, and Amrikchand filed a Civil Suit in 1957 for dissolution of partnership and rendition of accounts against Harbans Singh. Harbans Singh pleaded that he was a tenant of the premises in dispute and was using the back portion of the same for his residence and the front portion for manufacturing furniture. The trial court held that. the relationship of the parties was that of partners. But, on appeal, the Additi











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