BUDHESWAR BARUA Vs. JATINDRA NATH BARUA

JUDGEMENT

(1.) THIS appeal by the defendant is directed against a judgment and decree passed by the Sub -Judge, U.A.D., Jorhat, in Title Suit No. 30 of 1960.

(2.) THE plaintiff's case is that he and the defendant carried on a business during the years 1953 -54 and 1954 -55. The plaintiff used to advance money in the business while the defendant used to do contract works, taking contracts in his own name. In that capacity the defendant had earned profits in the business; but, taking advantage of the position that he was managing the business and doing the contract works has refused to pay money to the plaintiff. The defendant is liable to render accounts of the business and pay necessary share of the profits earned by the firm. In a rough estimate, according to the plaintiff, he has received from the defendant a sum of Rs. 7,853/ -, which he advanced to the defendant for the purpose of business. It is also alleged by the plaintiff that on 5 -11 -1955, the defendant made an endorsement in the plaintiff's book to the effect that the final account would be rendered after receipt of the final bills from the works done in 1954 -55. The defendant also admitted, it is alleged, that he had received sums of money from the plaintiff.

(3.) IN the present suit, the plaintiff has prayed for a decree for Rs. 7853/ - or any other amount that may be found due after rendition of accounts of the dissolved firm.