JUDGMENT - Chagla, C.J.

1. This appeal arises out of a judgment and decree passed by Mr. Justice Shah. In order to understand the nature of the litigation few facts may be staled. One Purshottamdas Jhaverchand died in 1932 leaving three sons Jetha-lal. Chunilal and Mulchand. Purshottamdas was doing two businesses in the name of "Popatlal Mulchand." One was a yarn business and the other was a cloth business which was started in 1932. On 2-9-1938, a partnership agreement was entered into between Chunilal, Mulchand and the sons of Jethalal who had died in 1937 and the effect of the partnership agreement was that the business of Fopatlal Mulchand (Yarn) was to be carried on by the three branches represented by the three sons of Purshottamdas. With regard, to the cloth business an outsider was also interested and in respect of this business a partnership agreement was entered into on 4-11-1942, and that partnership agreement also dealt with the shares and the rights of the three branches represented by the three sons of Purshottamdas. Two new businesses were started in October 1940. One was the business of Natverlal Chunilal which was a yarn business and the other was the business of

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