S.M.ALI MOHAMED, P.S.MISHRA
Y. Venkanna Chowdry (Died) and Another – Appellant
Versus
G. Lakshmidevamma and Others – Respondent
MISHRA, J.
The Managing Partner (judgment-debtor) in a proceeding for rendition of accounts, has preferred this appeal against the judgment by Padmanabhan, J. dated 13-6-1979.
2. Originally the plaintiffs and the defendants entered into a partnership on 5-11-1956 under the name and style of Sambhu Films, all partners agreeing to share the profit and loss of the business. The capital of the firm of Rs. 2, 20, 000/- was divided into 220 shares of Rs. 1, 000/- each and the first defendant /appellant was appointed as the Managing Partner under the deed. The Firm produced two motion pictures, one in Telugu and another in Tamil. Particularly relying upon two clauses of the partnership deed clauses (9) and (10) and alleging violation thereof, the plaintiffs stated in the plaint as follows :-
"The partners of the aforesaid firm constituted the 1st defendant Venkanna Chowdary as the Managing Partner and he was entrusted with the Management of the firm and all its affairs. Clauses 9 and 10 of the partnership deed deal with the manner of maintaining the accounts and rendering of such accounts. They run as follows:-
"*
9. Proper books of account shall be kept by the Managing Partner an
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