RAJAMANNAR, C.J.

This second appeal has been posted before a Bench because Govinda Menon, J., considered that the points raised in it are of sufficient importance to be heard by a Bench

The facts which led up to the suit filed by the appellants are stated clearly and fully in the judgment of the District Munsif, Tiruchirapalli, who disposed of the case in the first instance. It is sufficient to mention only the material facts necessary for a discussion of the points of law which arise in this appeal. There were two partnership businesses carried on under the name and style of Sri Krishna & Co. (Boiler) and Krishna & Co. (Rice Mill). The former was started on 25th June, 1923, with 60 persons owning the business in 40 shares with a share capital of Rs. 600 per share. The latter was started on 6th September, 1923, and consisted of 37 persons owning 20 shares with a share capital of Rs. 600 per share. Some of the persons had shares in both the partnerships. There were changes in the partners from time to time. Though the two concerns were distinct, it is common ground that the profits of both the businesses were pooled together and divided among the total number of shareholde