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Issues:
1. Validity of partition and formation of partnership business. 2. Setting aside of arbitration award and subsequent trial proceedings. 3. Reopening of partition based on fairness and prejudice to minor's interest. Analysis: Issue 1: Validity of partition and formation of partnership business The case involved a dispute over the partition and formation of a partnership business between two brothers, Mannulal and Rajaram. The plaintiff, a minor son of Rajaram, filed a suit seeking a share in the business and assets. The Trial Court found that the business was not ancestral but a joint business, with a partition occurring in 1948. The Trial Court also noted that while the partition was voluntary, it appeared to be unequal and unfair. The High Court, however, determined that the business was ancestral and the partition was unfair to the minor sons of Rajaram. The High Court granted a decree in favor of the plaintiff for an account of his share in the business. The defendants appealed to the Supreme Court, challenging the findings of the High Court. Issue 2: Setting aside of arbitration award and subsequent trial proceedings During the suit, an arbitration award was made to equalize the shares of the two branches, which was later set aside by the Trial Court and upheld by the High Court. The plaintiff appealed the decision, leading to the continuation of the suit. The Trial Court found no fraud or misrepresentation in the partition, but noted the inequality in the division of the business. The High Court affirmed the Trial Court's findings and granted a decree in favor of the plaintiff. The defendants appealed to the Supreme Court, arguing that the High Court's findings were incorrect. Issue 3: Reopening of partition based on fairness and prejudice to minor's interest The key question before the Supreme Court was whether the partition could be reopened solely based on unfairness and prejudice to the minor's interest, in the absence of fraud or misrepresentation. The appellants contended that the earlier finding by the High Court in the arbitration award proceedings should bind the subsequent stages of the suit. However, the respondent argued that a minor coparcener could seek to reopen a partition if it was unfair or prejudicial to their interest, even without fraud or misrepresentation. The Supreme Court referred to legal principles and precedents, ultimately upholding the High Court's decision that the partition was unfair and prejudicial to the minor sons of Rajaram. The Court dismissed the appeal, citing the precedent set in Ratnam Chettiar v. S. M. Kuppuswami Chettiar. In conclusion, the Supreme Court affirmed the High Court's decision, emphasizing that a partition could be reopened if found unfair or prejudicial to the minor's interest, even without fraud or misrepresentation. The judgment highlighted the importance of fairness in family partitions and upheld the rights of minor coparceners to challenge unequal divisions.
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