1989 PLP 4248 (MLD)

"(a) declare that Shop No. 55, Iqbal Market, Karachi belongs to the plaintiff; (b) pass permanent injunction against the defendant not to dispossess the plaintiff from Shop No. 55 which belongs to the plaintiff in view of the oral settlement dated 1-7-1982; (c) pass decree against the Defendant in the sum of Rs. 1,06,700 or such other sum as may be found due and payable after taking the accounts; (d) pass decree against the defendant for rendering true and lawful accounts of the partnership business;" Admittedly the parties joined together in the business of manufacturing of furniture. Their partnership started on 1-1-1981 and ended on 30-6-1986. In his plaint plaintiff alleged that the defendant took huge amount in former's name from the Market for misappropriation and did not render the accounts of the partnership and advance threats. It was added that ultimately after dissolution of the partnership the parties worked out the accounts and an amount of Rs. 1,31,700 was found due from the defendant to the plaintiff. Out of said amount the defendant agreed to pay to the plaintiff Rs. 1,06,700 in cash by way of monthly instalments of Rs. 3,000 and in lieu of remaining amount of Rs.25,000 the defendant handed over to the plaintiff key of Shop No.55, Iqbal Market, Karachi. There were counter-allegations against the plaintiff levelled by the defendant in his written statement. Defendant claimed being allottee of Shop No.55 and denied having handed over its key to the plaintiff. There was counter allegation that the plaintiff took huge amount in the name of defendant from the Market for misappropriation. It was alleged that the plaintiff illegally and forcibly occupied Shop No.55 on 1-7-1982 by dispossessing the defendant from there. The defendant put forth counter-claim of Rs.1,79,379 against the plaintiff and paid court-fee on that amount. On 12-8-1984 learned counsel for the parties appearing in the suit consented to passing of the preliminary decree in the Suit. Consequently my learned brother Mr. Nasir Aslam Zahid, J. (as he then was) passed the preliminary decree for dissolution of the partnership and for taking of the accounts. Under the same judgment Mr. Munir Malik an Advocate was appointed as receiver to take the accounts and submit his report. On 5-12-1988 Mr. Munir Malik, Advocate-Receiver submitted his report. The Receiver called upon the parties through their counsel to file accounts. He also recorded the evidence. In his report, the Receiver found that total profits o the partnership for the period 1-1-1981 to 30-6-1982 amounted to Rs.4,14,901 and that the defendant had received the amount of Rs.1,31,700 and that the balance ` which came in hands of the plaintiff amounted to Rs.17,972 and that there was no evidence of any outstanding liability of the partnership including book debts. The Receiver was of the view that an amount of Rs.76,750.50 was due from the plaintiff to the defendant. Parties were called upon to file objections in respect of report of the receiver, Counsel for the plaintiff sought time on 11-12-1988 and on 15-11-1989 to tile objections, which were never filed. On 12-2-1989 none was present for the plaintiff to file objections while counsel for the defendant accepted report of the, receiver to be correct. In the circumstances I have no reasons to discard report of l the Receiver. Consequently I hold that the plaintiff is not entitled to any relief sough in the plaint and his Suit stands dismissed while claim of the defendant for realisation of Rs. 76,750.50 from plaintiff, is decreed with costs. M.Y.H./M-848/K Counter-claim accepted.