PISUPATI RAMA RAO Vs. TADEPALLI PAPAYYA

JUDGEMENT

(1.) THE question in this Second Appeal is whether the suit partnership is illegal.

(2.) THE facts found by the Courts below may be stated. The Plaintiffs and Defendants formed a partnership in the name and style of Tadepalli Papayya & Co. for running rice ration shop business from 3 -9 -1944 at Bezwada. The said business was conducted on the basis of a ration shop licence issued in the name of the 1st Defendant. The suit was filed for a declaration that the firm, Tadepalli Papayya & Co., had been dissolved on 1 -9 -1945, for settlement of accounts and for directing the 1st Defendant to pay such amount as may be found due to the Plaintiff. Both the Courts held that the alleged partnership was illegal and unenforceable and, on that finding dismissed the suit. The Plaintiff preferred the above Second Appeal.

(3.) UNDER Section 2(9) of the Madras Rationing Order of 1943, a "rationing document" includes a rationing book, a ration card or any part of any ration book or ration card or any coupon or any declaration, authority, permit or other document issued or made by or under the provisions of this Order.