SHINGHAL, J.—The suit giving rise to this appeal was instituted by respondent Noratmal for possession and arrears of rent of the premises which were admittedly let out to defendant Nihalchand in Ajmer City, under an oral but old tenancy, at the rate of Rs. 30/- per mensem. The defendant used to reside in first floor, while he carried on his business in the ground floor. He handed over his business to a partnership firm consisting, besides himself, of Kanhiyalal, Noratmal and Ram Narayan, under partnership agreement Ex. 2 dated April 7, 1959, which was duly registered. It was agreed that the business which the defendant was carrying on earlier in his own name would be run thereafter by the partnership firm in the name of M/s Tarachand Santosh Kumar, in the premises, and that his share would be annas five in the rupee. The responsibility of carrying on the partnership business in a proper manner was placed on the defendant with the stipulation that he would discharge it in consultation with, and with the consent of, the other three partners. The details of the partnership property were also settled in the partnership agreement, but it is not necessary to refer to them. The following

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