- (1.) Heard Sri K.M. Garge, learned counsel for the appellant and Smt. Rama Goel Bansal, learned counsel for the respondent caveator at the admission stage.
(2.) This is defendant's Second Appeal arising out of O.S. no.469 of 1999 instituted by plaintiff respondent. The suit was decreed in part by Additional Civil Judge (S.D.). Court no.2 Mathura through judgment and decree dated 25.7.2001 against which defendant appellant filed Civil appeal no.156 of 2001 and plaintiff respondent filed Civil Appeal no.15 of 2002. A.D.J. Court no.1 Mathura, dismissed both the appeals hence this Second appeal.
(3.) Learned counsel for respondent on inquiry from court stated that plaintiff respondent did not intend to file Second Appeal against the impugned judgment and decree. Plaintiff respondent stated in the plaint that he and the defendant appellant entered into a partnership and each party contributed Rs.75,000/- and the land over which partnership business was carried out belonged to the plaintiff. The relief claimed was for return of the amount of Rs.75,000/- along with share of the plaintiff in the profit and return of the land along with damages for use and occupation @ Rs.2000/- per month. However, plaintiff admitted that no written partnership had been executed in between the parties and entire transaction was oral. The defendant pleaded that partnership can not come into existence orally and in any case suit was barred by Section 69 of Partnership Act. Defendant also pleaded that plaintiff was not the only owner of the land in dispute and suit was also barred by Section 53-A of transfer of property Act as oral agreement to transfer the land had taken place in between him and the plaintiff.;