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1962 Supreme(MP) 51

SHIV DAYAL
VENKATLAL BALDEOJI MAHAJAN – Appellant
Versus
KANHIYALAL JANKIDAS – Respondent


Advocates Appeared:
Bhagwan Swaroop, PATANKAR

SHIV DAYAL, J.

( 1 ) THIS second appeal arises out of a suit for dissolution of partnership and accounts. The trial Judge passed a preliminary decree to that effect, but the first appellate Court has reversed it on the ground that the suit is barred by time and also there have been laches on the part of the plaintiff.

( 2 ) VENKAT La! plaintiff, Kanhaiyalal s/o Jankidaa defendant No. 1 and two others, namely, Hiralal and Ramlal were the original partners of Shri Niwas Gopal Cotton ginning Factory, Soyat, under a registered agreement 9s ' partnership dated august 14, 1929. The last mentioned two partners, Hiralal and Ramlal having died, their heirs are defendants Nos. 2 to 12 in this suit which was instituted by Venkat lal on June 27, 1952. Kanhaiyalal s/o Jankidas is the only contesting defendant. He resisted the suit on the ground that since Samvat year 1990 he alone is in possession of the business. Ha also contended that the deed of 14-8-29 was not a partnership deed and, even if it was, the partnership was dissolved on the death of ramlal. Moreover, during the period of his long possession he constructed buildings, laid gardens and worked the factory without any interference or











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