K.SUBBA RAO, SYED JAFAR IMAM, N.RAJAGOPALA AYYANGAR, J.R.MUDHOLKAR
Banarasi Das: Kundanlal: Banarasi Das – Appellant
Versus
Kanshi Ram: Kanshi Ram: Munna Lal – Respondent
Judgment
MUDHOLKAR, J. : These are appeals by certificates granted by the High Court of Allahabad under Art. 133 (1) (c) of the Constitution form its judgments dated March 15,1956. The relevant facts are briefly as follows :
2. The plaintiff Kundanlal and the defendants 1 to 5 Banarsi Das, Kanshi Ram, Kundan Lal, Munna Lal, Devi Chand and Sheo Prasad are brothers and formed a joint Hindu family till the year 1936. Amongst other properties the family owned a sugar mill at Bijnor in Uttar Pradesh called "Sheo Prasad banarsi Das Sugar Mills". After the disruption of the family the brother decided to carry on the business of the said sugar mill as partners instead of as members of a joint Hindu Family. The partnership was to be at will and each of the brothers was to share all the profits and losses equally. The mill was to be managed by one of the brothers who was to be designated as the managing partner and the agreement arrived at amongst the brothers provided that for the year 1936-37, which began on September 1, 1936, the first defendant Banarsi Das, who is the appellant in Civil Appeals 94 to 96 of 1960, was to be the managing partner. The agreement provided that for subsequent yea
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