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1979 Supreme(HP) 74

V.D.MISRA, H.S.THAKUR
KRISHAN DAYAL – Appellant
Versus
AMAR NATH – Respondent


Advocates Appeared:
For appellant :R. N. Malhotra and Mrs. P. Malhotra. For respondents: Inder Singh.

JUDGMENT

H. S. Thakur, J.—The appellant has filed this Letters Patent Appeal against the judgment and decree dated 8th July, 1969 passed by a learned single Judge of Delhi High Court (Himachal Bench),

2. The brief facts of the case are that during 1999 Bikrami, Krishan Dayal appellant-plaintiff, Chandu Ram defendant No. 1 and Munshi Ram defendant No. 2, entered into a partnership for extraction and sale of resin in the then Princely Mandi State. A deed of partnership was executed in that connection which is marked as Ex. PA. According to the terms of the partnership deed, the plaintiff was to invest the entire amount for the business of the partnership and was entitled to receive interest at the rate of Rs. 1/-per cent per annum on the amount invested. The assets of the partnership were first to be applied towards payment of the amount invested by the plaintiff and the interest thereon. Out of the balance, the profits were to be distributed amongst the partners. The share of the plaintiff was fixed at 6 annas in a rupee, while the shares of Chandu Ram and Munshi Ram defendants were 8 annas and 2 annas in a rupee, respectively. The partnership firm, thereafter, carried on the busines









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