( 1 ) THE appeal of seven defendants against a preliminary decree of dissolution of Minerva Talkies, Vizianagaram, a partnership firm (for short "the firm") of which they and the respondent-plaintiff are partners, rendition of accounts and payment of his 1/5 th share granted by trial court raises a question whether it is "just and equitable" to dissolve the firm.

( 2 ) THE admitted facts are that on Feb. 1, 1947, a vacant site and a dilapidated building were purchased and a cinema theatre was constructed thereon and from June 2, 1949, the firm started exhibiting cinematography. Initially the respondent had 1/6th share, but on his purchasing the share of another partner he augmented to 1/5th share thereof and invested Rs. 35,000/ -. The appellants together have 4/5th share (the details of their respective shares are not necessary ). The partnership deed was executed on Jan. 20, 1970, but due to change of partners another unregistered partnership deed Ex. B1 dated November 9, 1975 was executed. From its inception the 1st appellant was the managing partner, the rest including the respondent are the "sleeping partners". The 1st appellant is a qualified Sound and Radio