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1980 Supreme(Raj) 50

P.D.KUDAL, MAHENDRA BHUSHAN
Hukmi Chand – Appellant
Versus
Jaipur Ice & Oil Mills Co. – Respondent


Advocates Appeared:
S.K. Keshote, for Appellant; P.N. Dutt & P.D. Mathur, for Respondents.

MAHENDRA BHUSHAN, J.—This is a defendants Special Appeal under S. 18 of the Rajasthan High Court Ordinance against the judgment of the learned Single Judge dated December 9, 1969, and arises out of a suit for injunction.

2. The Jaipur Ice & Oil Mills Co., (hereinafter referred to as the Company) was ordinarily composed of six partners, viz Kishanlal, Mahadeo Prasad, Satya Narain, Kalicharan, Bishambhar Dass and Jeewan Prasad, and a partnership deed was executed on February 28, 1947. It started manufacturing Ice, Oil and Soap in Bani Park, Jaipur. Two of its partners, Bishambhar Dass and Jiwan Prasad left the firm on April 27. 1949, and the rest of the four partners, above named, continued the partnership business upto March 31, 1958, on which date the firm was dissolved under a dissolution deed (Ex 2). The firm had acquired a plot of land No. 1-V1I measuring 260 x 325 at Bani Park, Jaipur, on a part of which the factory had been constructed, and a residential house on a piece of this land measuring 325 x 88 with his own money. At the time of dissolution of the firm under the dissolution deed (Ex 2) dated March 31, 1958, defendant No. 1 Kalicharan retired from the partnership and was















































































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