Varadachariar, J.

1. These appeals may conveniently be dealt with together, as was done in the Court below. In May, 1929, the appellant, who was the first defendant in both the suits, became a partner with the plaintiff in a mica mining business which the latter had been carrying on for some years. When the plaintiff started that business in 1924, he had two partners, namely, the second defendant, who was entitled to a four annas share and P.W. 3 who was entitled to a six annas share. The second defendant was only a working partner while plaintiff and P.W. 3 were the capitalist partners. Among the lands which they took on lease for the purpose of opening mica mines in connection with that business, was a block of land obtained under Ex. B for a term of five years from 7th October, 1925. On a portion of the land covered by this lease, they had opened a mine which they named The Nityakalyani Mine. For one reason or another, it was not possible for some years to work this mine to the best advantage, and, in December, 1928, P.W. 3 left the concern, assigning his six annas share (by Ex. D) to the plaintiff. The parties have put forward different versions as to the reasons that le