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1949 Supreme(Mad) 242

SATYANARAYANA RAO
N. Muhammad Ussain Sahib – Appellant
Versus
S. N. Abdul Gaffoor Sahib – Respondent


Advocates:
R.Ganapathi Iyer for The Advocate-General (K.Rajah Aiyar) and A.N.Veeraraghavan for Appellants.
T.C. Venkatarama Aiyar for Respondents.

Judgment

This appeal arises out of proceedings for passing of a final decree in a partnership action. The partnership in dispute was commenced on 1st January, 1937, under an agreement between three persons, one N. Abdul Wahab now represented by defendants 1 to 8, Abdul Wahab, the ninth defendant, and Abdul Gaffoor, the first respondent-plaintiff. A period of ten years was fixed as the duration of the partnership. Under the provisions of the agreement the two Wahabs had contributed the capital and Gaffoor was only the working partner. The articles of partnership also provide for annual settlement of accounts and the method of settling those accounts. The settlement proceeds on the basis of the book value of the assets and not on the real value. On the 5th December, 1942, N. Abdul Wahab died which brought about the dissolution of the partnership. The plaintiff Gaffoor instituted the action, out of which this appeal arises for taking accounts of the dissolved partnership from 1st January, 1937, the date of its commencement and for a decree in his favour for his share of the profits. A preliminary decree was passed on 24th July, 1944, which was by consent. A commissioner was appointed t





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