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1959 Supreme(Mad) 126

RAJAGOPALAN, RAMACHANDRA.IYER
K. M. Mohamad Abdul Kadir Rowther – Appellant
Versus
S. Muthiah Chettiar – Respondent


Advocates:
R. Ramamurthy Ayyar and A. R. Krishnaswami, for Appellant.
V. K. Thiruvenkatachari, (The Advocate-General), K. Rajah Ayyar and K. S. Rama-murthi, for Respondent.

Ramachandra Iyer, J.-

This is an appeal against the decree in O.S. No. 7 of 1954 on the file of the Sub-Court of Dindigul. The plaintiff is the appellant.

The suit was for the recovery of a sum of Rs. 8229-2-4 representing the balance due on account with subsequent interest thereon. The appellant was a partner in a business run under the name of ‘Amar Jyothi Talkie Distributors, Dindigul’. It will be convenient to refer to that firm as the appellant’s firm. That partnership was dissolved and under an agreement between the partners the appellant became solely entitled to the moneys due from the respondent. The respondent was doing business in the distribution of films under the name of "Nethaji Picture Circuit’ at Tiruchira-palli They had acquired a right to the distribution of a Tamil film called ‘Vikata-yogi’ in the Madurai district. On 6th February, 1947, they assigned that right to the Amar Jyothi Talkie Distributors for a period of 4 ½ years. The terms of the assignment were embodied in Exhibit A-2. Under that agreement the appellant’s firm was to pay a sum of Rs. 15,000 as advance to the respondent against the right to distribute the film for a period of 4 ½ years. The responde





































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