LACHHMI NARAIN Vs. BENI RAM

JUDGEMENT

(1.) This is a plaintiff's appeal in a suit for dissolution of partner-snip and rendition of accounts.

(2.) The plaintiff came into Court on the allegation that his father Hoti Lal and the defendant Beni Ram entered into a partnership to carry on a confectionery business in Cawnpore and opened a shop styled " Beni Ram Hoti Lal " about the year 1900. The defendant, he alleged, was taken by Hoti Lal as a partner in consideration of his services and invested no capital and that they were partners in equal shaves. Hoti Lal died in 1920 but the firm continued to work as before in partnership of the plaintiff and the defendant. The plaintiff finding that a considerable sum was due to him which the defendant would not pay and the defendant refusing to render accounts, seeks dissolution of partnership and a decree for the sum that may be due upon accounting.

(3.) The defendant in his written statement controverted the facts as to the constitution of the partnership and stated that. Hoti Lal invested no funds in it and was given a four annas share which was subsequently increased to a 2/5ths share in consideration of his services, that after the death of Hoti Lal in 1920 an account was settled of the partnership and no partnership was entered into between the plaintiff and the defendant.