R. B. MISRA, J. :- These are two appeals against the common judgment of the First Additional Civil Judge, Agra dated 24th September 1956 in two cross suits between the parties, Suit No. 91 of 1952 giving rise to First Appeal No. 29 of 1957 was filed by Raj Bahadur against Chaubey Sushil Chand. Keshri Mal and Prem Chand, while suit No. 75 of 1952 giving rise to First Appeal No. 33 of 1957 was filed by Chaubey Sushil Chand against Raj Bahadur. The material facts leading upto these appeals are as follows:

2. There is a glass factory known as Hanuman Glass Works at Station Road, Firozabad, Chaubey Sushil Chand was the sole owner till 1929 or 1930. In or about the year 1930-31 late Lal Pyare Lal uncle of Raj Bahadur appeared on the scene. He was taken in either as partner or on commission and his share was fixed at 3/6 in a rupee. In or about the year 1935 Lal Pyare Lal started another business for the purchase and sale of sand etc. used in the manufacture of glass in the name and style of Lal Pyare Lal Agarwal.

According to Raj Bahadur, this new business was in partnership with Chaubey Sushil Chand wherein the share of Chaubey Sushil Chand was fixed at As. -/10/and that of Lala