Judgment-

SHAH

( 1 ) SANTARAM-HEREINAFTER called the plaintiff-commenced an action in the City Civil court at Bombay against his yonger brother Arjun for an order winding up a partnership in respect of a business carried on by them in the name of "hindmata Printing Press", Bombay and for account of the business. It was the case of the plaintiff that the business was started by him in 1937 and that the defendant-his brother-joined him some time later and assisted him in carrying on the business ; that by agreement, dated 16/03/1953, the defendant was admitted as a partner in the business with equal share in the profits and losses of the business, but without anyinterest in the machinery, goodwill and the premises which were to be utilised for the purpose of partnership ; that under the terms of the partner- ship the defendant was carrying on the business; and that disputes arose between the parties and the business could not be carried on and accordingly the plaintiff served a notice, dated April 19, 195 7 terminating the partner- ship.

( 2 ). The defendant by his written statement contended that he started business of the Hindmata Printing Press and admitted the plaintiff as a partne