KRISHNAN NAIR Vs. CHERIANKUNJU

JUDGEMENT

(1.) The only point for determination in this appeal by the plaintiff is as to whether a retiring partner of a firm is entitled to share the profits of the firm until the date of final settlement of accounts or whether his claim for profits should be restricted to the period up to the date of suit for dissolution of the firm and settlement of accounts.

(2.) The short facts of the case necessary for the disposal of the appeal are as follows:

(3.) The firm built a mechanised boat by name "Santhosh" and started the business of deep sea fishing. Soon, there were differences of opinion among the partners. The plaintiff by Ext. A2 notice addressed to defendants 1 to 3 demanded dissolution of the firm and settlement of accounts. He expressed his willingness to repay the loan due to the 4th defendant and take over the business as his proprietory concern. Defendants 1 to 3 did not accede to the demand under Ext. A2. Thereupon the plaintiff filed the present suit for dissolution of the firm and for settlement of accounts.