This appeal is directed against the Decree and Judgment of the learned Subordinate Judge in O.S. No. 93 of 1950.

The facts are short and practically undisputed. The defendant along with others was running a cinema business as exhibitors and distributors. Subsequently the members who constituted this company got separated. Thereafter, the defendant and three others, who are not parties here, took over the assets and constituted themselves into a partnership at will and their deed of partnership is Exhibit B-1. The object of the partnership was to exploit the cinema house called Saraswathi Theatres and Lakshmi Talkies and two films, namely, Sivalinga Sakthi and Manimekhalai. The partnership capital was Rs. 1,11,460-10-0. Each partner had to contribute Rs. 27,865-2-6. This partnership at will after reciting the terms on which the business was to be run and including a provision for the management concludes that during the time this company is conducted, if any of the partners wishes to stop away or to take a return of the share amount all the partners shall abide by the decision of the majority.

This defendant apparently could not make up this amount of Rs. 27,865-2-6 and theref