DASARI SATYANARAYANA BEING MINOR Vs. KANCHUPATLA APPA RAO

JUDGEMENT

(1.) The appeal arises out of O. S. 32 of 1957 filed in the Court of the Subordinate Judge, Rajahmundry for dissolution and rendition of accounts of a partnership in motor transport run under the name and style of Sri Venkateswara Motor Transport, Rajahmundry or alternatively for recovery of the share capital advanced by the plaintiff.

(2.) The suit failed for accounts on the finding of the learned Subordinate Judge that the partnership was illegal and void ab initio as contravening the provisions of Section 59(1) of the Madras Motor Vehicles Act. But, the learned Subordinate Judge granted the relief prayed for in the alternative by decreeing the suit For Rs. 40,000 with subsequent interest thereon at 5 1/2 per cent per annum from 29-9-1958 till date of payment.

(3.) The appeal has been preferred by the 9th defendant, who is the legal representative of the 1st defendant, against the said judgment and decree. The dismissal of the main relief of dissolution of partnership and accounts became final.