Judgment

JAGANMOHAN REDDY, J.:- These appeals are by certificate against the judgment of the Patna High Court which reversed the judgment and decree of the Trial Court in Title Suit No. 94 of 1956 filed by the first respondent Murli Prasad. A brief history of this case will be necessary for understanding the several contentions urged before us. One Mahendra Prasad obtained a licence for electrification of the Chhapra town which was granted to him in 1932. The licence was thereafter assigned to Janardhan Prasad Varma after the death of his father Mahendra Prasad in 1936. This licence was subsequently assigned to the Chhapra Electric Supply Company Ltd., which, however, went into voluntary liquidation in 1944. It was decided to sell the electricity undertaking by public auction and assign the licence to the purchaser with the previous sanction of the Government. In pursuance of this decision, the liquidator invited bidders for purchasing the electricity concern. But before the date of public auction, it is alleged that five person, namely, Ajodhya Prasad, Murli Prasad Respondent No. 1, Parasnath Prasad, Gurbharan Shah and Nandkishore Prasad entered into an oral agreement of partnershi