BIMAL CHANDRA BASAK, J. - (1.) This appeal arises out of a judgement and decree passed by the trial Court. On 15th Dec., 1979 a suit (T.S. No. 2256 of 1979) was filed by one Rabindra Nath Chatterjee against Dwijendra Nath Mullick and Subrata Mullick in the City Civil Court at Calcutta for the following relief : "(a) A Declaration that the partnership firm of 'New Dasakarma Bhandar' of the plaintiff and Bansi Badan Mallick, since deceased, father of the defendants created by the partnership deed dt. 8th Sept., 1972 and renewed by the consent decree dt. 31 st Aug., 1979 passed by the High Court at Calcutta in Suit No. 624 of 1979, (Bansi Badan Mallick v. Rabindra Nath Chatterjee) stood dissolved with effect from 20th Oct., 1979 when the said Bansi Badan Mallick died. (b) Declaration that the terms of settlement filed on 31st Aug., 1979 in the High Court at Calcutta in Suit No. 624 of 1979, (Bansi Badan Mullick v. Rabindra Nath Chatterjee) did not have the effect of making the defendants partners of the plaintiff in the business of 'New Dasakarma Bhandar' on the death of Bansi Badan Mullick. (c) Alternatively partnership, if any, created by the said terms of settlement between the plaintiff and the defendants herein stands dissolved with effect from 23rd Nov., 1979. (d) In the further alternative, the same be dissolved by a decree of the Court on the ground that it is just and equitable to do so. (e) Accounts of the partnership, if any, be taken. (f) The affairs of the partnership firm of New Dasakarma Bhandar be wound up."
(2.) On 11th April, 1980, the suit in the High Court at Calcutta was instituted by the appellants herein making similar prayer. In 1982 the respondents' suit in the City Civil Court at Calcutta being Title Suit No. 2256 of 1979 was transferred to this Court and marked as Extraordinary Suit No. 12 of 1982. Both the suits were heard together and the learned trial Judge delivered the judgement on 15th June, 1984. Being aggrieved by the same this appeal was preferred on 6th July, 1984. FACTS :
(3.) The facts of this case, as they are relevant for the purpose of the decision herein, are as follows : "One Gour Chandra Chattopadhyaya has been for a period of two years prior to 25th April, 1955, carrying on business in Dasakarma goods and articles as the sole proprietor under the name and style of "New Dasakarma Bhandar". By a deed of partnership dt. 25th April, 1955, entered into by and between Gour Chandra Chattopadhyaya and Srimati Satyabhama Mullick a partnership business was brought into effect to be carried on under the name and style of 'New Dasakanna Bhandar'. Thereafter a suit was filed by Smt. Satyabhama Mullick against the said Gour Chandra Chattopadhyaya being Suit No. 793 of 1965 in the High Court at Calcutta, inter alia, for the dissolution of partnership and for certain reliefs in respect of the said partnership business. A terms of settlement filed in the said suit wherein it was, inter alia, recorded that the said partnership stood dissolved with effect from 14th April, 1965 and that the accounts between the parties had been settled and adjusted. On 27th May, 1965, a new partnership agreement was entered into by and between Bansi Badan Mullick and Gour Chandra Chatterjee wherein it was stated that the previous partnership business was actually carried on by Bansi Badan Mullick in the benami of his wife Satyabhama Mullick with the said Gour Chandra Chatterjee. A new partnership business was started jointly by Bansi Badan Mullick and Gour Chandra Chatterjee on certain terms and conditions. It is to be pointed out that this partnership was duly registered. On 6th July, 1972, Gour Chandra Chatterjee father of the respondents, died. On 8th Sept., 1972 a new partnership deed was entered into between Bansi Badan Mullick, father of the appellants and the respondent No. 1 Rabindra Nath Chatterjee for carrying on partnership business under the same' name and style 'New Dasakarma Bhandar' on similar terms and conditions. This partnership was also registered. On 12th Aug., 1979, Bansi Badan Mullick dissolved the partnership firm by a notice with effect from 18th Aug., 1979 and on 18th Aug., 1979, a suit being suit No. 624 of 1979 was instituted by Bansi Badan Mullick in this High Court as already stated. Ultimately in the suit only three issues were left to be decided which are as follows : "1(a) Whether the large shop room situated at premises No.16, Jamunalal Bajaj Street, which tenancy stands in the name of Gour Chandra Chatterjee, deceased, father of Rabindra Nath Chatterjee, and the small shop room situated at the same premises which tenancy is in the name of Samir Kumar Mukherjee, belong to the partnership firm and required to be dealt with as its assets ? 1(b) If not, whether the said two tenancies should revert to the Chatterjee partner on dissolution of the firm ? 2(a) Whether the godown at No. 125, Netaji Subhas Road, Calcutta, admittedly held under the joint tenaney in the names of Bansi Badan Mullick, deceased and Gour Chandra Chatterjee, deceased is required to be dealt with as asset of the partnership? 2(b) If not, whether the same should revert to the legal representatives of Banshi Badan Mullick, deceased and those of Gour Chandra Chatterjee, deceased, upon dissolution of the firm? 3. To what relief, if any, are the parties entitled?";