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1923 Supreme(SC) 29

Jamnabai – Appellant
Versus
Fazalbhoy Heptoola, and other – Respondent


Advocates Appeared:
Manisty and Co., Nicholl, E. Dalgado, E. B. Raikes, Lowndes, J. M. Parikh, De Gruyther

Lord Sumner :-

These are con solidated appeals by one Jamnabai the widow and executrix of Tricum Nathoo, who died so long ago as 1892. He had been a partner in a muccadamage firm, Khimji Jiwa and Co., with a gentleman called Khimji Jiwa, who had retired from the firm and had died before the time at which Tricum Nathoo died. The widow Jamnabai commenced these proceedings against certain persons who continued to carry on the same business as had been carried on by her late husband in partnership, although they changed the name of the firm. She brought an action for accounts, the prin cipal object of which, so far as the present appeals are concerned, was to obtain an account and a share of certain buildings and the rents produced by those buildings, which originally had been purchased by her late husband and his partner while they were still in partnership. The buildings consisted on the one hand of a house built on the estate of the Port Trust in Bombay, and on the other of sundry godowns which were used in some way, not very clear, down to the date of the proceedings, by the defendants.

There are two appeals, from two decrees, which have been consoli dated.

The first appeal relates t













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