MODI, J.—This first appeal by the defendants is directed against the judgment and decree of the Additional District Judge No 1, Jaipur City, dated 30-1-71 granting a decree for Rs. 10,923.25 in favour of the legal representatives of decessed-plaintiff Shivballabh.

2. The facts giving rise to this appeal are these: Deceased-plaintiff Shivballabh and defendant-appellant Harinarain were running certain concerns in partnership. Differences arose between the partners with the result that on 30-9-52 it was agreed to dissolve the partnership in respect of all the concerns with effect from 1-10-52. A deed of dissolution was executed on 10-10-52 which runs as follows—

"Whereas it has been agreed to between myself and Shri Shivballabh Mandhana that the partnership business carried on under the name and style of Rajasthan Textile Industries shall be dissolved with effect from 1st October, 1952, Shri Harinarain Rathi however desires to continue it. The following arrangement has therefore been agreed—

(a) That a balance-sheet exhibiting the affairs of the business as on 30th September may be drawn up and signed by the partners in token of their acceptance.

(b) That Shri Shivballabh Mandhana should agree to leave with Shri Harinarain Rathi assets and stock-in-trade amounting to Rs. 12,500 where with to carry on the business. This amount should be in addition to the liabilities of the partnership business as mentioned in the balance sheet as on 30th September, 1952.

(c) That the stock-in-trade remaining in the partnership business shall be deposited with Shivballabhji Madhana and removed as and when required against cash payment. A store-keeper shall be kept in charge of this stock by Shiv Ballabh Mandhana who will be paid by Har Narain Rathi. The salary shall not exceed Rs. 100 Interest on this sum shall be paid by Harinarain Rathi at Rs. 9 per cent per annum monthly.

(d) Interest at Rs 9 per cent per annum shall also be paid by Shri Harinarain Rathi on account of Rs. 12,500 vide item (b) above and also on the amount due by him to Shivballabh Mandhana on account of loss of his share (Hari narain Rathis) remaining unpaid to Shivballabh Mandhana.

(e) Harinarain Rathi shall execute a promissory note for the amount due to Shivballabh Mandhana and for payment of Rs. 400 per month regularly to cover interest and principal.

(f) of the above money Rs. 12,500 shall be repaid with interest within a period of 2 years.

(g) Harinarain Rathi shall find a gaurantor to guarantee payment of Rs. 12,500 within 2 years and for the payment of interest at Rs. 9 per cent per annum thereon and for the amount of the stock-in-trade remaining unsold until the same is sold and the money realised therefrom paid to him.

(h) That Shivballabh Mandhana shall be free from all risks or liabilities of the partnership business with effect from 1st October 1952-

(i) That in compliance with the above terms Harinarain Rathi has already given the guarantee and executed a promissory note for Rs. 25,775 (twenty five thousand seven hundred and seventy five only) being the amount due to Shivballabh Mandhana as specified below—

Rs. 12,500/- left with H.N. Rathi in the partnership account. Rs. 13,272/15/6 not amount due in addition to above sum Rs. 2/0/6 cash paid by Shivballabh Madhana. and in witness of the above I Harinarain Rathi s/o Gangabux Rathi R/o Jaipur sign this of my own free will this 10th day of October, 1958 witness:

Vishnuswaroop Maloo Gulabchand Madhana

Sd/- Harinarain Rathi

10-10-52."

As per clause (a), a balance-sheet of the partnership business was prepared and it was signed by Harinarain. It showed a sum of Rs. 13,272/15/6 payable by Harinarain to Shivballabh in respect of the loss in the partnership business. Besides this amount, assets and stock-in-trade worth Rs. 12,500/- were left with Harinarain who agreed to pay the sum of Rs. 12,500/- to Shivballabh with interest at the rate of 9% per annum. The remaining assets stock in-trade valued at Rs. 17,280/4/6 were allowed to remain

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