RAM SEWAK Vs. RAM CHARAN

JUDGEMENT

(1.) This is a plaintiff's second appeal in a suit for accounts and for recovery of the amount found due to the plaintiff on the taking of accounts. The trial Court decreed the suit for recovery of Rs. 17,695.78 from defendants Nos, 1 and 3, but the lower appellate Court has dismissed the same. Ram Charan aud Damordar Das. defendants Nos. 3 and 4, are father and son and members of a Hindu joint family. They carry on Kerana business. Ram Sewak, the plaintiff and Madan Lal, the first defendant were their servants and looked after the business. In Nov., 1953 Ram Charau decided to close the business. On the request of Ram Sewak and Madan Lal, Ram Charan handed over the business to them with the stock worth Rupees 40,125/- which was treated as a loan repayable with interest by them to Ram Charan. Ram Sewak and Madan Lal carried on the business as equal partners. It was decided that out of the profits one Anna in a rupee would be given for charity in favour of a temple of Rashik Siroman Ji Maharaj Biraj-man. The deity was impleaded as the second defendant in the suit through Ram Charan. The business continued in partnership till Nov., 1958 when difference arose between the parties and the plaintiff brought the suit giving rise to the present second appeal with the allegations that Madan Lal and Ram Charan had in collusion with each other taken possession over the shop, the stocks and cash therein, and had turned him out, and with effect from 11th Nov. 1958 Madan Lal and Ram Charan were carrying on the business to his exclusion.

(2.) The defence was that Ram Sewak the plaintiff had by an agreement dissolved the partnership and handed back the business to Ram Charan after accounting, as a result of which it was found that the stock-in-trade amounted to Rs. 45,500/-, the cash in hand to Rs. 2,793/-, the debts due from other per sons to Rs. 31,758/-, and Miscellaneous items to, Rs. 639/- + Rs. 42/-. and that whiic a sum of Rs. 5,779/- was due from the plaintiff, the sum of Rs. 1,067/- was due from the first defendant; and the liability of the business to Ram Charan equalled the total of these amounts. It was further alleged that Ram Sewak thereupon voluntarily retired from the business, promising to pay the sum of Rupees 5,000/- and odd that was due from him. Madan Lal and Ram Charan brought a suit for recovery of that amount, being Suit No. 45 of 1959.

(3.) It appears that after the institution of the suit giving rise to the present second appeal, the plaintiff Ram Sewak got a commission issued. An inventory was prepared on 41h Feb., 1959 which disclosed that the value of the goods in the shop was Rs. 54, 117/-.