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1981 Supreme(All) 536

DEOKI NANDAN
RAM SEWAK – Appellant
Versus
RAM CHARAN – Respondent


Advocates Appeared:
A.N.BHARGAVA, D.P.Bahadur, G.P.BHARGAWA

DEOKI NANDAN, J.


( 1 ) THIS is a plaintiffs second appeal in a suit for accounts and for recovery of the amount found due to the plaintiff on the taking of accounts. The trial Court decreed the suit for recovery of Rs. 17,695. 78 from defendants Nos, 1 and 3, but the lower appellate Court has dismissed the same. Ram Charan aud Damordar Das. defendants Nos. 3 and 4, are father and son and members of a hindu joint family. They carry on Kerana business. Ram Sewak, the plaintiff and Madan Lal, the first defendant were their servants and looked after the business. In Nov. , 1953 Ram Charau decided to close the business. On the request of Ram Sewak and Madan Lal, Ram Charan handed over the business to them with the stock worth Rupees 40,125/- which was treated as a loan repayable with interest by them to Ram Charan. Ram Sewak and Madan Lal carried on the business as equal partners. It was decided that out of the profits one Anna in a rupee would be given for charity in favour of a temple of Rashik Siroman Ji Maharaj Biraj-man. The deity was impleaded as the second defendant in the suit through Ram Charan. The business continued in partnership till Nov. , 1958 when difference arose betwee












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