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Pravudayal Agarwala vs Ramkumar Agarwala on 18 August, 1954

10. Learned counsel referred to the case of Pravudeyal Agarwala v. Ram Kumar Agarwala, AIR 1956 Cal 41 and contended that a fair estimate should be made by the Court about the extent of loss suffered by the plaintiff. In that case, the plaintiff asked for specific performance of a contract, in the alternative for declaration of title in respect of certain lands the plaintiff and the defendants being partners, or for damages or some other relief. The trial Court held that the plaintiff was entitled to damages which were to be determined in a subsequent proceeding defendant No. 1 came in appeal to the High Court and contended that the plaintiff was not entitled to any relief whatsoever. The plaintiff also filed a cross-objection asking for a large amount of compensation than what had been allowed. Several persons tried to take a settlement from the Khas Mahal in respect of a plot of land belonging to Government for setting up a rice mill in the district of Jalpaiguri and there was a strong competition between the parties, to avoid which the plaintiff, defendant No. 1 and another person entered into a written agreement to the effect that defendant No. 1 alone would submit tender for the settlement of the plot and that would be deemed to be on behalf of all the three persons who would be partners and would contribute their shares of capital within one month from the date of the execution of the settlement deed. A regular deed of partnership for the business including the right over the land to be taken in settlement was agreed to be executed by them later. Defendant No. 1 would have 7 annas share and the other two persons 41/2 annas each.
Calcutta High Court Cites 9 - Cited by 12 - Full Document
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