HARKARAN GHASIRAM AGARWAL Vs. CHAMPALAL CHHOTELAL MAHAJAN

JUDGEMENT

(1.) THIS appeal by the defendant is directed against the reversing decree of the lower appeal Court for rendition of account of an unregistered and dissolved partnership.

(2.) THE Forest Department gave to one Dhannalal a forest contract for cutting and taking away in the year 1955 roosa grass from the Jogibeda circle of Singhaji range in Nimar District. That grass is used for extracting roosa oil which is a valued commercial commodity. The plaintiff alleged that he entered into a partnership with the defendant for the purpose of cutting roosa grass from the aforesaid Jogibeda circle and extracting roosa oil therefrom, acquired the contract from Dhannalal and actually worked it in partnership but the defendant, in disregard of the terms of partnership, sold away the oil extracted without the plaintiff's consent and did not render account. The defendant denied that he entered into any partnership with the plaintiff and claimed that he worked the forest contract merely as agent of Dhannalal.

(3.) IN this appeal against the reversing judgment of the lower appeal Court, only two points have been pressed. One is that Ex. P-4, a letter written by Nana P. W. 2 to the plaintiff, was inadmissible in evidence and was wrongly relied upon as supporting the existence of the partnership. The other is that since the object of the partnership was to work the forest contract in contravention of the Rules made under the Forest Act, it was void.