HEMANT GUPTA
Kanwaljit Singh – Appellant
Versus
Jarnail Singh – Respondent
Hemant Gupta, J. - The defendant is in second appeal aggrieved against the preliminary decree passed by the Courts below arising out of a suit for rendition of accounts and for mandatory injunction.
2. The plaintiff-respondents filed the suit aforesaid alleging that plaintiffs No. 1 and 2 and defendant executed a deed of partnership at Will on 1.4.1983 for running the business of Pharmaceuticals/Chemists under the name and style of M/s Indian Drug Store. The principal place of business of the firm was C- 657, G.T. Road, Karnal, a building owned by Ranjit Singh plaintiff No. 3. It was agreed between the parties under the partnership deed that in case the firm was dissolved or the business of the firm is discontinued, the tenancy rights and the right to occupy the property were to vest in plaintiff No. 2. It is the case set up by the plaintiffs that plaintiff No. 2 has served a notice under Section 43 of the Indian Partnership Act, 1932 (hereinafter to be referred as "the Act") to the defendant on 11.9.1987 which was duly served upon the defendant on 15.09.1987 whereby the defendant was duly informed that the said firm has been dissolved w.e.f. 15.10.1987. It was also pleade
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