9911796707
TMI Blog1942 (12) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... as to facts but the parties do not agree as to what is their legal status on those facts. The plaintiff Edulji Meharbanji Boyce brought this suit against the defendants, Shiam Sunder Lal and his minor brother, Brij Mohan Lal, under the guardianship of Shiam Sunder Lal. He alleged that the parties were partners and he asked for accounts and for such a sum as might be found due to him after the tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here was partition between the parties, was passed. 2. The learned District Judge also found that the defendants were the agents of the plaintiff but limited the accounts to the period from June 1931 to 9th April 1936 because it was on the earlier date that Musaddi Lal, the father of the defendants, died. The learned District Judge found that there had originally been a partnership between Meha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udge would have held that there was a partnership. He, however, held that merely collecting rents from houses and shops and dividing them between the parties would not establish a partnership. He evidently thought that the word 'business' as used in Section 239, Contract Act, meant some undertaking of an industrial or commercial nature. That section is as follows: Partnership is the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was a partnership which included this house property. What happened was that when the partner Meharbanji died his sons Feroz Shah and Edulji were taken into partner, ship by Ganga Sahai on the same terms as their father and so when Ganga Sahai died either Musaddi Lal alone or Musaddi Lal and his two sons, the defendants replaced Ganga Sahai in the partnership and if Musaddi Lal alone replac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District Judge the plaintiff and the defendants are partners and the defendants entered into partnership on the death of their father Musaddi Lal taking over the rights and liabilities of their father. Consequently they are bound to give accounts just as their father was and the accounts which they have to submit are not limited to the period after the death of their father. The decision of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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