LALCHAND MANAKCHAND MEHTA Vs. NEELAMCHAND HARAKCHAND MEHTA

JUDGEMENT

(1.) THIS appeal is filed by the original defendant No.1 against passing of the final decree for partition, in Special Civil Suit No.66 of 1980, filed by the original plaintiffs, in the Court of Civil Judge, Senior Division, Jalgaon. By the said preliminary decree, share of the plaintiffs was determined to be half; whereas that of the defendant No.1 to be remaining half. This preliminary decree is not challenged.

(2.) AFTER the preliminary decree, final decree proceeding were started before the trial Court and for the purpose of effecting the partition as per the shares determined under the preliminary decree, Shri Pradhan, came to be appointed as Commissioner, in accordance with the provisions of Order 26, Rule 14 of the Civil Procedure Code and he submitted the report to the Court. The Civil Court, accepted the Commissioner's report in toto and on the basis of the said report passed final decree. The final decree is challenged in this first appeal.

(3.) THE facts which are not in dispute, may be briefly stated as under: The appellant is the real brother of the respondent Nos.1 and 2. The appellant was given in adoption to Manakchand. There was one firm namely, "M/s. Rajmal Nandlal and Company at Bhusawal". It was a registered partnership firm carrying on business of Cotton Ginning and Pressing in cotton. It's head office was at Bhusawal and branches were at different places. Partners of said firm were; Neelamchand Harakchand (respondent No.1), Nirmalchand Harakchand (respondent No.2), Lalchand Manakchand (appellant), Subhaschand Rajmal, Fakirchand Nandlal and Naginchand Nandlal. On 2-3-1977 the firm was dissolved and partnership was carried forward by Fakirchand and Naginchand. After dissolution of partnership firm, the suit properties were given to the share of the appellant, respondent Nos.1 and 2 and one Subhash Rajmal Mehta jointly each having 1/4th share in the said property. The appellant purchased 1/4th share of Subhash Rajmal Mehta and as such he has 1/2 share in the suit property and the remaining share goes to the share of both the respondents. The,respondent No.3 Lalchand Manakchand and Sons is the another firm of which the appellant and his two sons namely, Vinodkumar and Vijaykumar are the partners. As it was allowed that some of the items of the suit property were claimed by the said firm, the first was also joined as defendant No.2 showing its partners as original defendant Nos.2(A) to 2(C).