1965 Supreme(All) 116
GYANENDRA KUMAR
Bhagwat Saran – Appellant
Versus
State – Respondent
Advocates:
P.C. Chaturvedi, for Applicant; S.D. Agarwala, S.N. Mulla, J.N. Chaturvedi, Advocate General, for Opposite Party.
ORDER :- The facts giving rise to this revision are that on 22-7-1965 the Kotwali Police, Agra, submitted a report to the effect 'that in mohallah Dhuliaganj there exists a cinema house known as 'Basant Talkies,' whereof Bhagwat Saran (applicant) and Pannalal (opposite party no. 2) are lessees for a period of ten years. On 28-10-1961, the above parties have added two other partners in the business, viz., Gauri Shanker (opposite party no. 3), who is brother of Pannalal aforesaid and Smt. Kanak Lata, who is wife of Bhagwat Saran aforesaid. In 1964 some disputes started between the parties, with the result that on 2-9-1964 Bhagwat Saran applicant filed a suit in the court of the Civil Judge, Agra, on the allegations that he had already dissolved the partnership, or the same may be deemed to have been dissolved. He accordingly prayed for rendition of accounts of the Basant Talkies from 21-10-1961 onwards by Gauri Shanker and Pannalal.
On 21-12-1964 the Civil Judge passed an order that by common agreement of the parties, Pannalal and Gauri Shanker shall run the Talkies till the Commissioner submitted his report. However, on 25-2-1965, the Civil Judge set aside his previous order appointi
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