JAGDISH RAI Vs. RAM LUBHAYA

JUDGEMENT

(1.) This second appeal is directed against the concurrent findings recorded by the courts below by which the suit of the plaintiff - respondent No. 1 has been decreed. The facts of the case are as under :-

(2.) The plaintiff-respondent No. 1, Ram Lubhaya, filed a suit for dissolution of the partnership firm and rendition of account against the appellant and certain other persons of the firm Messrs Malhotra brothers constituted in terms of the partnership deed dated 1st May, 1970. The aforesaid partnership-deed provided for the respective shares of the various partners and laid down other conditions for the proper running of the partnership business. On the presentation of the plaint, notice was given to the opposite party and while some of the defendants admitted the claim of the plaintiff - respondent, defendant No. 1 i.e. Jagdish Rai controverted the same. On the pleadings of the parties, the following issues were framed by the trial court :