Harnam Singh, J.

1. In order to appreciate the points of law arising in Letters Patent Appeal No. 65 of 1951 it is essential to set out the facts of the case in some detail.

2. On the 29th of April, 1948, Jairam Das instituted civil suit No. 324 of 1948 for dissolution of partnership and rendition of accounts pleading that he was partner with Debi Parshad defendant No. 1 and Balkishan Das defendant No. 2 in the firm, the Ambala Flour Mills, Ambala City, the shares of the plaintiff, Debi Parshad and Balkishan Das being annas four, annas ten and annas two in a rupee respectively. The case of the plaintiff was that the period of partnership was two years, but if there was an extension of the lease of the Mills by the exercise of option given to the lessee under the lease deed, Exhibit D. 1, the partnership was to continue for the period of the lease. In the plaint it was said that Madan Lal son of the plaintiff, Baikunth Nath attorney of Debi Parshad and Balkishan Das defendant No. 2 were to work in the firm on salary fixed between the parties and that on the capital investments the partners were to be paid interest at six per cent, per annum.

3. In paragraph No. 3 of the plai