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1969 Supreme(Mad) 6

M.NATESAN
V. M. Nissar Ahmed, Minors by Guardian and next friend V. C. Abdul Munaf Saheb – Appellant
Versus
Rahima Bi – Respondent


Advocates:
V. Tyagarajan and P. Haridas, for Appellants.
M.S. Venkatarama Iyer, for Respondents.

Judgment:-

These two second appeals arise out of the same partnership action and present a common case against the decision of the Courts below. The principal grievance relates to the trade-mark and goodwill of the partnership business, which it is submitted, are very substantial assets. While the trial Court held that the good will and trade mark of the partnership are assets of the partnership shared by the deceased partner under whom the appellants claim and the other partner the sixth defendant in the case who deed pending the appeal, the appellate Court set asie this finding and declared the sixth defendant to be solely entitled to the trade mark and goodwill of the partnership. Closely connected with the right to the goodwill and trade mark of the firm is the question whether the partnership is a partnership at will, and if there is a dissolution of (he partnership what is the date of the dissolution.

First, to set down briefly certain essential facts: One Abdul Rasheed and the sixth defendant in the suit, Abdul Gaffar Saheb carried on in partnership a fairly successful business in the manufacture and sale of beedies under the name and style of R. Gaffar & Company. The partners
































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