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1953 Supreme(Mad) 144

SATYANARAYANA RAO
Vali Venkataswami – Appellant
Versus
Gannabathulla Venkataswami – Respondent


Advocates:
Ch. Sankara Sastri, T. Veerabadrayya and P. Ramachandra Rao for Appellants.
D. Narasaraju and K.B. Krishnamurthi for Respondents.

Judgment.-

This is an appeal against the decision of the District Judge, West Godavari, confirming the preliminary decree for dissolution of a partnership between the plaintiff and the defendants.

Under a deed of Partnership dated 24th January, 1948, Ex.B-4 the plaintiff and defendants entered into a partnership to erect, establish and run a cinema in the site which was obtained on lease. The share of the plaintiff in the partnership was four annas, 1st defendant four annas, defendants 3 and 4 four annas, 2nd defendant three annas and the 5th defendant one anna. The deed of partnership constituted the 1st defendant the managing partner who was to look after the erection of the cinema, and also after it was completed to run the business. The present suit for dissolution was instituted by the plaintiff on the 10th of January, 1949, before the construction of the building was completed and the cinema was opened. In fact, the cinema began to work actually from 5th June, 1949. The grounds on which the plaintiff seeks dissolution are contained in paragraphs 6 and 7 of the plaint. The main charges were firstly that the managing partner, contrary to the provisions in the partnership deed, re














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