Don: the Supreme Court
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Request made by : |IP USER 1|
Request made on:|Tuesday, 06 November, 2012 at 18:02 IST|
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Content Type:| > ... > B|
Title : |Bina Murlidhar Hemdev and Others v Kanhaiyalal Lokram Hemdev and Others|
Delivery selection:|Current Document|
Number of documents delivered:|1| 2012 Thomson Reuters (Legal) Limited
Bina Murlidhar Hemdev and Others v Kanhaiyalal Lokram Hemdev and Others
Supreme Court of India
14 May 1999
Appeal (civil) 3141 of 1999
The Judgment was delivered by : M. Jagannadha Rao, J.
1. Leave granted.
2. This appeal is filed by the four plaintiffs, the widow and children of late Murlidhar Lokram Hemdev who died intestate on or about 8.5.1976. The appeal is directed against the order of the High Court of Bombay in Appeal No. 1019 of 1997 dated 12.9.97 confirming the order of the learned Single Judge dated M.7.1997 in an application under Order 39 Rule 1 C.P.C[->0] in Special Suit No. 83 of 1997.
3. The facts of the case are as follows :
4. There was an unregistered partnership w.e.f, 27.7.1964 (to which, of course late Murlidhar was not party) under a deed dated 4.9.1964 between five persons who were in two groups, the sankhala group having 668 share and the Jains having 346 share. The said firm purchased land admeasuring 31,075 Sq. feet in Thane, with the intention of developing and selling the same. This firm is called the 'main firm' in these proceedings before us.
5. The Jain group entered into a sub-partnership, a registered firm dated 29.7.1964 with Lokram group consisting of 4 partners :
(i) Kanhaiyalal Lpkram Hemdev,
(ii) Murlidhar Lokram Hemdev (deceased) (father of plaintiffs-appellants),
(iii) Kanhaiyalal Sewaram and
(iv) Srichand Dharamdass.
In this sub-partnership, the Jain group and the Lokram group share in the ratio of 1:1 (i.e. 17%: 17% overall). In the Lokram group Murlidhar (the predecessor-in-interest of plaintiffs) had a 38% share out of 17% (i.e. 6.46%), the 1st defendant (Rl)
Request made by : |IP USER 1|
Request made on:|Tuesday, 06 November, 2012 at 18:02 IST|
||
Content Type:| > ... > B|
Title : |Bina Murlidhar Hemdev and Others v Kanhaiyalal Lokram Hemdev and Others|
Delivery selection:|Current Document|
Number of documents delivered:|1| 2012 Thomson Reuters (Legal) Limited
Bina Murlidhar Hemdev and Others v Kanhaiyalal Lokram Hemdev and Others
Supreme Court of India
14 May 1999
Appeal (civil) 3141 of 1999
The Judgment was delivered by : M. Jagannadha Rao, J.
1. Leave granted.
2. This appeal is filed by the four plaintiffs, the widow and children of late Murlidhar Lokram Hemdev who died intestate on or about 8.5.1976. The appeal is directed against the order of the High Court of Bombay in Appeal No. 1019 of 1997 dated 12.9.97 confirming the order of the learned Single Judge dated M.7.1997 in an application under Order 39 Rule 1 C.P.C[->0] in Special Suit No. 83 of 1997.
3. The facts of the case are as follows :
4. There was an unregistered partnership w.e.f, 27.7.1964 (to which, of course late Murlidhar was not party) under a deed dated 4.9.1964 between five persons who were in two groups, the sankhala group having 668 share and the Jains having 346 share. The said firm purchased land admeasuring 31,075 Sq. feet in Thane, with the intention of developing and selling the same. This firm is called the 'main firm' in these proceedings before us.
5. The Jain group entered into a sub-partnership, a registered firm dated 29.7.1964 with Lokram group consisting of 4 partners :
(i) Kanhaiyalal Lpkram Hemdev,
(ii) Murlidhar Lokram Hemdev (deceased) (father of plaintiffs-appellants),
(iii) Kanhaiyalal Sewaram and
(iv) Srichand Dharamdass.
In this sub-partnership, the Jain group and the Lokram group share in the ratio of 1:1 (i.e. 17%: 17% overall). In the Lokram group Murlidhar (the predecessor-in-interest of plaintiffs) had a 38% share out of 17% (i.e. 6.46%), the 1st defendant (Rl)