Judgment

JASWANT SINGH, J.

( 1 ) THESE two appeals by certificates granted under Article 133 of the Constitution which are directed against the common judgment and decree dated 22/12/1972 of the High Court at Allahabad in two connected Civil First Appeals Nos. 465 of 1954 and 65 of 1955 preferred against the judgment and preliminary decree of the Second Additional Civil and Sessions Judge, Agra, dated 5/04/1954, in suit No. 76 of 1949 shall be disposed of by this judgment.

( 2 ) THE facts material for the purpose of these appeals are : The appellant in Appeal No. 416 of 1973 and respondent No. 1 in Appeal No. 572 of 1974, Seth Loonkaran Sethiya, (hereinafter referred to for convenience as the plaintiff) is a financier living and carrying on business in Agra, respondents Nos. 1 to 3 in the first appeal and appellants Nos. 1 to 3 in the second appeal viz. Ivan E. John, Maurice L. John and Doris Marzano, grandsons and grand-daughter of one A. John, are partners of the registered firm called john and Co. , There are three spinning mills and one flour mill at Jeoni Mandi, Agra, which are compendiously described as john Mills. Originally, the members of the John family were the exclusive