PEERAN SAHIB Vs. PEDDA JAMALUDDIN SAHIB

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs against the decree and judgment of the Court of the Sub -ordinate Judge, Cuddapah, dismissing the suit filed by the appellants for partition and separate possession of their share in the A schedule properties and for dissolution of partnership and settlement of accounts in respect of Khajameah Company.

(2.) THE following section of the genealogy may be useful to appreciate the facts and the contentions of the parties.

(3.) DEFENDANTS 1, 2 and 7 to 10 represent the branches of Dastagiri Sahib and Ibrahim Sahib respectively and defendants 4 to 7, 13 and 14 represent the branches of Muhammad Hussain and Muhammad Yusuf respectively. The 12th defendant is the widow of Khajameah's eldest son Aminuddin. The defendants' version was that after the death of Khajameah the business was not conducted for the benefit of all the heirs of Khajameah but only for the benefit of sons of Khajameah and the other partners and that there was no agreement that the business was to be carried on for the benefit of all the heirs of the original partners born and to be born. They averred that the actual partners of the business were registered under the Partnership Act and that the business was carried on for the benefit of those partners. They also pleaded that the suit was barred by limitation.