Judgement

RAMASWAMI, J. :- The appellant in both the appeals was one of the partners in a firm consisting of about thirty partners which was running a mill named Vasavamba Oil and Rice Mill at Vijayawada. The partnership firm owned not only a factory but also a site of the extent of about 3845 sq. yards. The total number of shares in the partnership was 160 out of which the appellant owned 23 shares. By a document dated April 15, 1940, the firm executed a lease in favour of the 1st respondent and another person of the area of the site for a period of 10 years. The lessee was permitted to construct a building for the use of a Cinema Theatre. The annual rent was Rs. 750. In the year 1948, the appellant filed O. S. No. 196 of 1948 in the Subordinate Judge s Court Vijayawada for dissolution of the partnership and for accounts. On December 20, 1951 a preliminary decree was granted in that suit. The first respondent was added as 17th defendant in that suit. He contended in that suit that the managing partner of the firm had covenanted to sell to him the site leased out and that in any event he was not liable to eviction in view of the provisions of the Madras Buildings (Lease and Rent Co