SRIRAMA RICE MILL KODAVALUR Vs. YERAMAKA SANKARA REDDY

JUDGEMENT

(1.) The appeal arises out of O.S. No. 30 of 1955, a suit filed for dissolution of partnership alleged to consist of the plaintiff and defendants 1 and 2, for accounts to be taken of the said partnership and for recovery of the amount of the plaintiff's share ascertained on accounts being so taken. The suit was dismissed on two grounds: firstly, that there was no partnership as alleged by the plaintiff and secondly that the partnership, as alleged, was illegal and opposed to public policy and that no relief could accrue to the plaintiff as prayed for.

(2.) The plaintiff is the appellant. The following is the statement of his case:

(3.) With the said terms the partnership was allegedly carried on from 24/1/52 to 20/10/52. The plaintiff alleged that the accounts were not correctly maintained, that there were several ommissions in the same, that in spite of repeated demands, defendants 1 and 2 had not looked into the accounts and paid him his share of the profits earned and that he was, therefore, obliged to file the suit on 20/10/55. The 3rd defendant was impleaded in the suit alleging that he was the plaintiff's brother's son, that a four-annas share was nominally put in his name and that in order to avoid technical defects, he was also impleaed in the suit.