Judgment

Arun Kumar, J.—C.A. Nos. 6429-31/1995 :

These appeals arise from a suit filed by respondent in the court of Subordinate Judge at Ootacamund, State of Tamil Nadu on 28th October, 1972. The parties to the suit are closely related. Respondent Taraben is the widow of Pravinlal Madhvani while Santokben, original defendant No. 1, was the widow of Vallabhdas Madhvani real brother of Pravinlal Madhvani. Santokben died during the pendency of the litigation. Her three sons who were defendants No. 2 (Ramnik), No. 3 (Praful) and No. 4 (Rajnikant) in the suit, were appellants in these appeals. Appellants Santokben and her son Praful died during pendency of the appeals. Necessary steps regarding substitution have been taken. Appellant No. 4 M/s. Bengorm Nilgiri Plantations Co. is a partnership firm.

2. The family owned a tea estate in the Neelgiris area. It was known as Bengorm Tea Estate. It was a co-ownership property of the members of the family. A partnership firm was constituted under the name and style of Bengorm Tea Plantations to manage the tea estate. The partnership did not have any proprietory interest in the estate. The shares of the parties in the tea estate as well as in the