1. The Plaintiff who was unsuccessful in both the Courts below has preferred this second Appeal.

2. The short facts are as follows:—The partnership firm, consisting of the 1st defendant, plaintiffs father, P.W. 2 one Abdul Khader and Meera Pillai, was carrying on business at Rengola in Ceylon. Meera Pillai died in the year 1933 and his assets were taken over by the 1st defendant and plaintiffs father. On 12th February 1938, plaintiffs father died. In 1938 P.W. 2 retired from the partnership and in 1939 Abdul Khader also died. Thereafter, the 1st respondent continued the business with his co-heirs until it was stopped in 1959. The plaintiff who was born on 11th June, 1936 filed the suit for recovery of possession of the plaintiffs share In respect of the 1st schedule, for accounting and other incidental reliefs.

3. In the written statement concerning this partnership at Rengola, it was contended that the plaintiffs father was never a partner and it was the sole business of the 1st defendant alone. The father of the plaintiff was only a paid employee.

4. The learned Subordinate Judge, on a consideration of the oral and documentary evidence, passed a preliminary decree for