DR S MUNISAMI NAIDU Vs. GTHANDVARAYA MUDALIAR

JUDGEMENT

(1.) This is an appeal by the defendants against a decree directing certain accounts to be taken and awarding to the plaintiff one-third share of the profits which on such taking of accounts may be ascertained to have been earned in connection with a certain venture.

(2.) About the end of 1924, a contract was taken in the name of the first defendant for the construction of a portion of the Shoranur-Nilambur Railway. The second defendant is the first defendant's son-in-law and was at the time the contract was taken, employed in the service of the Railway Company itself. It was the plaintiff's case that on account of this circumstance the contract was taken in the first defendant's name but it was intended for the second defendant's benefit. The second defendant denied this, but the lower Court has upheld the plaintiff's contention on this point. This finding has not been assailed before us.

(3.) Having taken this contract for the construction of the railway line, it is the plaintiff's case that defendants Nos. 1 and 2 availed themselves of his services in connection with that work and the terms of the arrangement as finally settled are stated in Ex. A. as follows: You should be my substitute at the place of work, look after the work and finish it. As soon as the final bill is made after deducting all the expenses, I agree to pay you one-third of the profits.