This is an appeal preferred against the decree and judgment of the learned District Judge of Coimbatore, in A.S. No. 391 of 1953, reversing the decree and judgment of the learned District Munsiff, Erode, in O.S. No. 574 of 1951.

On 18th November, 1939, the plaintiffs’ predecessor entered into an agreement with the first defendant styling it as an ‘Indenture of Partnership ‘in the following terms:

“ The indenture is made the 18th day of November, 1939, between K. N. Mohamed Ghouse Sahib of No. 127, Pitt Street, Penang (hereinafter called the first party) of the one part and S. E. Abdul Rahim also of No. 127, Pitt Street, Penang (hereinafter called the second party) of the other part:

Whereas the first and second parties were carrying on from the year 1925 up to the 30th day of September, 1939, the business of cattle dealers and skin merchants:

And whereas from the 30th day of September, 1939, the said partnership was dissolved by mutual consent on the understanding that the parties hereto shall each carry on a new business of cattle dealers and skin merchants under the style of N.K. Mohamed Ghouse Sahib alternately for a period of two years each at a time at the risk of the p