SHYAM SUNDER SHAW Vs. NETAI CHAND SHAW

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the respondent. The appellant challenges the concurrent finding entered against him by three Courts. We are not impressed with the submission made on the questions of fact and evidence, nor on the question of law. The appeal has, therefore, only to be dismissed and we do so.

(2.) The appellant submits that the partnership business in Bakery is the only source of his livelihood, that the respondent is a new entrant having secured the right of his former partner, that the building in which the Bakery is housed belongs to the Railways, that he lives in one portion of the building and uses the remaining portion for the Bakery and that he should not be denied his source of livelihood ultimately.

(3.) The present appeal is against the preliminary decree passed in a suit for dissolution of the firm and rendition of accounts. We feel that the submission made by the appellant has to be considered sympathetically. It was this sympathy that prevailed upon this Court when an order was made on 21-7-1986, directing the appellant to deposit a sum of Rs. 20,000/- which he has done. We think it necessary to make some observation in the interest of justice and to protect the appellant from a more influencial person like the respondent in an unequal fight.