DHANAJI JHELAJI Vs. GULABCHAND PANA

JUDGEMENT

(1.) The plaintiff filed this suit, alleging that defendant No. 1 and his sons defendants Nos. 2 to 5 together with defendant No. 6 were trading in partnership in the name and style of Pana Nathaji, that plaintiff purchased the right, title and interest of defendant No. 6 in the partnership on March 20, 1918, that notice to render accounts was given to defendant No. 1 on March 21, when defendant No. 1 replied that the defendant No. 6 had passed a release on settlement of his right on April 3, 1918. Accordingly he prayed for a declaration that he was the owner of the 2,J anna share of defendant No. 6 in the shop and that the moveable and immoveable property of the shop should be divided and accounts taken of the shop.

(2.) Defendants Nos. 1, 2 and 4 pleaded inter alia that defendant No. 6 had passed a release in their favour on February 17, 1918.

(3.) Defendant No. 6 alleged that the release was obtained by fraud and misrepresentation, but that plaintiff purchased his right, title and interest with knowledge of the real facts relating to the release, and that the assignment was passed on the express understanding that defendant No. 6 was not to be liable to the plaintiff.