NOOR MOHD MIR Vs. GH QADIR MIR

JUDGEMENT

(1.) THIS revision petition has a chequrred history. Compendium of the faces leading up to its filing is as follows:

(2.) GHULAM Qadir Mir, respondent No. 1 herein, on 15 -10 -1981, brought a suit for declaration and injunction against the petitioners and the Manager Punjab National Bank, Amirakadali alleging that he had on 14 -1 -1977 entered into partnership with Noor Mohd Mir petitioner No - 1 and on Ghulam Mohd Mir the predecessor -in -interest of Petitioners Nos. 2 to 9 herein in respect of the suit shop for carrying on the business of cloth and tailoring in the name and style Lassa Mir and Sons". This partnership, according to him, was dissolved in the year 1980 during the life time of Ghulam Monammad Mir, who thereafter died on 22 -9 -1981 and each partner also got his share of the assets of the partnership. Ever since its dissolution, he was carrying on his business of cloth and tailoring in the shop to the exclusion of the petitioners under the same name style "Lassa Mir and Sons", who were now trying to dispossess him from it without any right. He also claimed distribution of the amount deposited by petitioner no 1 in the Amirakadal branch of the Punjab National Bank the account whereof he had clandestinely opened in his individual name. In this background, he claimed a decree for declaration to the effect that the partnership created by virtue of the partnership deed dated 14 -1 -1977 stood dissolved from the year 1980, or in any case, with effect from 22 9 -1981, on the death of Ghulam Mohd Mir, and a decree for injunction restraining the petitioner from interfering with his possession in respect of the suit shop and from realising the amount deposited by petitioner No. 1 in the Bank. Alongside, respondent No. 1 also made an application for temporay injunction, on which, the following order was passed by the trial court of Munsiff, Sub Registrar, Snnagar on the same day: "Issue notice Meanwhile the non -applicants 1 to 9 are restrained temporarily from interfering in the possession of the plaintiff over suit shop. Also non -applicant No. 10 is restrained from releasing the amount deposited under Act -. No: 8006 -F/L in the name of Noor Mohd in favour of defendants 1 to 9 hil further orders. Put up on 30 -10 -1981"

(3.) THE petitioners appeared in the court and filed their written statement on 31 -10 -1981. The case set up by them was that the suit shop was acquired by Lassa Mir, the father of petitioner No.1 respondent No. 1 and Ghulam Mohd Min the predecessor -in -interest of petitioners 2 to 9, vide rent note dated 3rd Katik 1999 Bk., who carried on his business of cloth and tailoring in it till his death in the year 1960 under the name and style "Lassa Mir and Sons". After his death, the same business, the same name and style was carried in it by his three sons as a joint family business, who eventually converted it into a regular partnership business with effect from 1 -1 -1977, by executing a partnership deed to that effect on 14 -1 -1977. Rent of the suit shop used to be paid out of the partnership funds and even the income accruing to them there from was shown in the income -tax returns as partnership income. This state of affairs continued to exist not only till the death of Ghulam Mohammad Mir in Sept: 1981, but even thereafter also till the suit actually came to be filed and the parties, namely the petitioners and respondent No. 1 continued to occupy the suit shop jointly They also filed their written objections to the application for temporary injunction as also to the rule nisi issued by the court on 15 -10 -1981, repeating the same pleas therein.