USHA GOPIRATHANAM Vs. P S RANGANATHAN

JUDGEMENT

(1.) THIS appeal is by the unsuccessful plaintiffs before the trial Court. The suit filed by the plaintiffs for dissolution of the firm viz. , M/s. High Clere Stud and agricultural Farm and for putting the plaintiffs in separate possession of the portion of the land to be awarded to the deceased gopirathnam and for accounts of the farm, from the date of constitution of the firm, till the date of the suit and for costs and other reliefs came to be dismissed and hence, aggrieved by the said decision of the trial Court, the plaintiffs are before this Court.

(2.) THE first appellant is the wife of late gopirathnam and appellants 2 and 3 are the daughters of the above said first appellant and gopirathnam. Gopirathnam was one of the partners of the 4th respondent M/s. High Clere stud and Agricultural Farm. The other partners were the respondents 1 to 3. Respondents 5 to 7 are the purchasers of some of the suit properties.

(3.) A deed of partnership came into existence on 1-1-1966 and initially, the partners were, first respondent P. S. Ranganathan, deceased P. N. Gopirathanam and the second respondent P. N. Lavakumar. Gopirathnam's sister also happened to be the wife of ranganathan. The first appellant also happened to be the daughter of first respondent's sister. The partnership was a "partnership at will". As far as the sharing of the profits of the partnership firm was concerned, the deed (Ex. D-1) provided that the share of the first respondent will be 50% and that of gopirathnam was 20% and the third partner lavakumar (second respondent) was 15% and the share of the one Basanthkumar a minor at the time of partnership deed was 15% and as far as sharing of the loss is concerned, the percentage was 50% as far as the first respondent ranganathan is concerned and 25% each as far as Gopirathnam and second respondent were concerned. All the above facts are not in dispute.