( 1 ) THE plaintiff-respondent was a tenant at 5, J. C. Bose Road, P. S. Golabari. According to the Trial Court and the Lower Appellate Court on 27th Aug. 1959, he and the defendant-appellant entered into a partnership agreement. The plaintiff was given 2 annas share of the fish business which was to be carried on under the name and style of M/s. M. K. Rahaman and Company in a portion of the plaintiff's rented room at 5, J. C. Bose Road. The Lower Appellate Court has found that the said partnership agreement was acted upon and from 11th Sept. 1959 the defendant had carried on fish business in the said room. In May, 1960 the defendant obtained a direct tenancy of the room in question from the landlord. The defendant did not pay any money to the plaintiff for his share of the profit of the said partnership business.

( 2 ) THE plaintiff-respondent for permanent injunction brought a suit to restrain the defendant and his men from entering into the shop-room at 5, J. C. Bose Road and for determination of the sum due to him on account of 2 annas share in the profit of the said business, M/s. M. K. Rahaman and Company. Both the Trial Court and the Lower Appellat