1. We have heard Mr. S.D.Sharma, learned counsel for the appellant in extenso and perused the record.

2. This appeal in Letters Patent is directed against the judgement and decree dated 31.5.1999 passed by the learned Single Judge in Civil First Appeal No. 67/1995. By the aforesaid judgement, the learned Single Judge dismissed the Civil First Appeal and upheld the judgement and preliminary decree passed by Additional District Judge in Civil Suit No. 37/1980. Facts relevant for the disposal of this appeal in resuming may be noticed.

3. Parties in litigation happened to be the real brothers and entered into partnership to start a business of Ice Cream Factory in the shop located at Bikram Chowk, Jammu and partnership deed dated 21.3.1973 to this effect was registered on 28.3.1973. by making an investment in equal shares. The parties had equal share in the business in Ice Cream Factory, which started on 1.3.1973 in terms of the partnership deed. Plaintiff/Appellant, in claiming that the business premises were constructed out of the joint funds raised by the parties, commenced a suit for dissolution of partnership and also sought partition of the property consisting of shop