NARASIMHAM, J.

( 1 ) THESE two are analogous appeals from the order of the Subordinate Judge of berhampur in M. J. C. Nos. 109 of 1946 and 8 of 1947 setting aside an award made by an arbitrator named Sri T. N. Murthy on 15-9-1946.

( 2 ) FROM 1941 to 1944 one Narasimha Raju took lease of a rice mill belonging to the Maharaja of Parlakimedi by a registered lease deed dated 9-12-1940 (ext. 2)and subsequently admitted several other persons as partners for the management of the mill. The shares of the partners were fixed as follows:

V. Narsimha Raju J. Appa Rao 1/2 Y. Krishna Murty U. Samba Murty for D. Lakshman Murty 1/2 ? 2 " B. Dali Appana ? 1 " K. Ktishna Raju ? 1 " V. Gurumurty Raju ? 2 " 16 annas. ? 5 annas.   ? 2 " ? 2 "

The business of the partners consisted of milling rice and extracting oil from ground-nut. Some of the partners carried on another independent business in which their interests were as follows:

V. Narsimham Raju J. Appa Bao Y. Krishna Murty 1/2 ? 2 " U. Samba Murty for D. Lakshman Murty 1/2 ? 2 " V. Gurumurty Raju ? 2 " 16 annas. ? 5 annas.   ? 4 "

Y. Krishna Murty and U. Samba Murty retired from the partnership business and the o