SANTIRANJAN DAS GUPTA Vs. DASURAM MURZAMULL

JUDGEMENT

(1.) This is plaintiff's appeal on certificate under Art. 133 (1) (a) of the Constitution of India against the judgment and decree of the High Court of Judicature of Assam and Nagaland reversing the judgment and decree of the Subordinate Judge, Nowgong and dismissing the plaintiff's suit for dissolution of partnership and accounts.

(2.) According to the plaintiff-appellant he had a mill at Nojai where he was carrying on his milling business. The defendants represented to him that if the milling business was carried on in partnership with them then the plaintiff would make large profits and on that representation and assurance he entered into a partnership with the defendants on or about January 10, 1948. The partnership business, to quote the plaint "commenced from about the middle of January, 1948 and the work continued upto 10th September, 1948". Some disputes arose and on or about November 6, 1948 Murzamull Agarwal told the plaintiff that the business in partnership was no longer possible. In September 1951 the plaintiff instituted the present suit for dissolution of partnership and accounts out of which the present appeal arises. In para 13 of the plaint it was averred that the partnership in question had stood dissolved on and from November 6, 1948.

(3.) Besides other legal objections taken by the defendants in their written statement it was pleaded that there was no partnership between the parties and that there was only a milling agreement dated January 11, 1948 between them under which the defendants were getting paddy milled in the plaintiff's rice mills for which the dues had all along been paid to the plaintiff in accordance with the milling contract. This plea gave rise to issue no. 1. The trial court decreed the suit holding issue no. 1 in favour of the plaintiff.