L.N. Mittal, J. - (1.) DEFENDANTS Vinod Kumar etc. have filed the instant second appeal.
(2.) SUIT was filed by Shiv Ram etc. However, Plaintiff No. 1 (Shiv Ram) and Plaintiff No. 2 (Banarasi Dass) have since died and are represented by their legal representatives. Plaintiffs No. 3 to 6 along with legal representatives of Plaintiffs No. 1 and 2 are the Respondents herein. Sant Ram - father of the Plaintiffs had taken the disputed site on rent from Municipal Committee and raised a wooden khokha and was doing his business there. Later on, Sant Ram entered into partnership with Chaman Lal (predecessor of Defendants) vide partnership deed dated 05.08.1965. Sant Ram and Chaman Lal were partners of equal shares. They were running the business in the disputed property. Later on, wooden khokha was destroyed in fire and pacca shop was raised by Sant Ram being tenant in the disputed site. There was also fresh partnership deed dated 17.07.1971 between Sant Ram and Chaman Lal. Sant Ram died on 03.11.1984. After his death, Plaintiffs No. 1 to 3, with consent of Plaintiffs No. 4 to 6, orally agreed with Chaman Lal to continue the partnership. Chaman Lal had been paying half share of profit to the Plaintiffs till 31.03.1990. Chaman Lal died in March 1991. Defendants have not rendered accounts since 01.04.1990. The firm stood dissolved with the death of Chaman Lal in March 1991. Accordingly, Plaintiffs filed suit for formal dissolution of the partnership firm M/s Sant Ram Chaman Lal and for rendition of accounts thereof w.e.f. 01.04.1990 and also for possession of the disputed shop along with mesne profits thereof. The Defendants resisted the suit and denied the plaint averments. Learned Additional Civil Judge (Senior Division), Pathankot, vide judgment and decree dated 24.12.2002, dismissed the Plaintiffs' suit. However, first appeal preferred by the Plaintiffs has been allowed partly by
(3.) LEARNED Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, vide judgment and decree dated 16.08.2010 and thereby, Plaintiffs' suit has been decreed partly directing the Defendants to hand over vacant possession of the disputed shop to the Plaintiffs. Feeling aggrieved, Defendants have filed the instant second appeal.;