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1973 Supreme(MP) 26

A.P.SEN, R.K.TANKHA
SHEO BHAWAN – Appellant
Versus
DURGADEVI – Respondent


Advocates Appeared:
B.C.VERMA, P.R.Paddys,

JUDGMENT :

( 1. ) THIS is an appeal preferred by the defendant No. 1, Sheo Bhagwan, from a judgment of the 1st Additional District Judge, Bilaspur, decreeing the plaintiffs suit for rendition of accounts.

( 2. ) THE facts of the case, in brief, were as follows- In the year 1943, there was an oral agreement between Gurumukhrai, Karta of a joint Hindu family trading under the name "baxiram Gurumukhrai" at Bilaspur, Radhakishan of Bilaspur and Premshanker of Nagpur, to start a business in partner ship styled "radhakishan Ramsahai" at Nagpur. Radhakishan was the uncle-in-law of Shoe Bhawan. In that partnership, Shoe Bhawan was employed as a munim. On 30th October, 1943, Shoe Bhawan was admitted to the benefits of the partnership. He was brought in as a partner in place of Prem shaker who went out. Under the terms of the partnership, Gurumukhrai and radhakishan were each to have a -/6/- annas share while Shoe Bhawan was to have the remaining -/4/- annas share. On 10th January, 1944, a deed of partnership was executed between Gurumukhrai, Radhakishan and She Bhawan. On 25th May, 1948, Gurumukhrai died and upon his death, the partnership was re-constituted, i. e. , the plaintiff, Vasudeolal































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