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1967 Supreme(Ker) 134

K.SADASIVAN, K.K.MATHEW
RAMAN KUMARAN – Appellant
Versus
ABOOBACKER KUNHI – Respondent


Judgment :-

1. This is an appeal from a decree dismissing a suit for dissolution of a partnership and for appointment of a receiver to wind up the affairs of the partnership.

2. The defendant was plying a bus service on the route, Taliparamba Cannanore, under the name and style of "Peeyam Transports". The permit for the bus stood in the name of "Peeyam Transports". The defendant took the plaintiff as a partner in the business under Ext. A-1 dated 31-5-1961. He made over the bus to the partnership at a value of Rs. 35.000, out of which Rs. 17,500 was to be paid by the plaintiff to the defendant and that was to be his contribution to the capital of the partnership. The defendant was to manage the affairs of the partnership and as remuneration be was to be paid Rs. 350/-per month. The collections of the partnership have to be kept by the plaintiff and he was to keep the accounts. All appointments in the partnership business have to be made by the defendant with the consent of the plaintiff. The profit or loss of the partnership should be divided or suffered equally between the parties. These, in substance, are the main terms of Ext. A-1. Alleging that differences of opinion have arisen































































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