( 1 ) THESE two letters Patent Appeals arise out of two connected suits O. S. 10 of 1959 and O. S. 16 of 1959 on the file of the Addl. District Judge, Krishna. The defendant who is the same in both the suits is the appellant in the above appeals which arise under the following circumstances: The plaintiff who is the same in both the suits is the liquidator of a company called the Vijayawada Engineering Metal Co. , Ltd. The said Company was started in 1947 and its workshop (foundry) was worked till the year 1959 when it was closed due to mismanagement. The Company fell into debts and was accordingly wound up voluntarily. As a result thereof the plaintiff was appointed as a liquidator to wind up the said Company by disposing of the machinery, etc. As the machinery was not in working order, the plaintiff wanted to put the same in working order before he could sell the same. Accordingly, the plaintiff, entrusted the same to the defendant who was related to him and requested him to put the workshop and machinery in working order so that it may be easily sold out to third parties. Thereupon an agreement, Ex-A-1 dated 14-3-1953 was executed between the plaintiff and the defendant, the mat

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