CHAMPSEY DOSSA Vs. GORDHANDAS KESSOWJI

JUDGEMENT

(1.) This suit was originally filed by four of the sons of Dossa Ebji against a fifth son and two other persons, praying that the defendants might be restrained by an injunction from excluding the plaintiffs from their share in the partnership in this suit, or, in the alternative, that the partnership might be dissolved from the date of the suit and the affairs thereof might be wound up under the directions of this Honourable Court.

(2.) The first plaintiff died after the suit was filed and his son has been added as the fourth defendant. The fourth plaintiff apparently had some disputes with his co-plaintiffs and his name was struck out firm the record as plaintiff and added as the fifth defendant, The family to which the parties belong was joint and undivided, and for many years they had been carrying on business in salt. I need not go further back than 1909 when there was a family agreement, a part of which referred to a certain business in salt carried on at Bhaynder in which there were two outside partners, who are the second and the third defendants to this suit. The business was carried on in the name of Kessowji Dossa and the joint family had a share of elven annas, the second defendant had a share of three annas and the third defendant two annas.

(3.) In 1911, Gordhandas, the son of Kessowji, separated from the family, and a fresh agreement was entered into by which it was arranged that out of the eleven- annas share of the joint family in the business of Kessowji Dossa, Gordhandas should have a four-annas share, and the other members who remained joint, a seven-annas share.