2022 (3) TMI 1631

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....h Vidyarthi, Prabhat. For the Respondent : Rahul Kumar, Devendra Mohan Shukla. ORDER 1. Heard learned counsel for the parties and perused the record. 2. The appellants are the legal successors of late Bhairon Prasad Jaiswal, who initially had constituted an oral partnership with his real brother namely Hanuman Prasad Jaiswal in the year 1971 and the oral partnership came to be reduced ....

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....pear to be with respect of the proportionate share of partners but for a declaration of the property of 'Hotel Alka Raje' to be the property of the firm. The suit was instituted by the firm as plaintiff no. 1 whereas respondent nos. 2 to 4 were the coplaintiffs. It is not in dispute that 'Hotel Alka Raje' which was constructed upon two plots out of which one belonged to late Bhairo....

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.... contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of business of the firm, and includes also the goodwill of the business. Unless the contrary intention appears, property and rights....