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1940 Supreme(Nagpur) 29

PURANIK
MANGIA HAGRIA MAHAR – Appellant
Versus
SAKIA – Respondent


JUDGMENT

Puranik, J—Plaintiff Mangia sued the defendants Sakia and Hiraman for recovery of Rs. 81-6-3. The allegations in the plaint were that the plaintiff and the defendants were partners in the purchase of a 3/4ths share of the right to collect and sell Tendu leaves from the jungle which was taken on lease by Govindram Balabux, that the leaves so collected were sold to the firm of Bhikusa (defendant 3) in the case and the first payment of Rs. 325 towards price was divided between the partners on accounts taken but the second payment of Rs. 143 which was received by the defendants and which also was agreed to be shared by them with the plaintiff in the proportion of their shares in the business was not so divided and the defendants failed to give the plaintiff his share. Plaintiff thus sued for recovery of that share and its interest. Plaintiff joined defendant 3 as a party so that in case defendants 1 and 2 prove that they did not receive Rs. 143 from defendant 3 a decree may be passed against him for the amount due. Defendant 3 pleaded that he paid the amount due to the partnership and had nothing to pay to the partnership and should be discharged. Defendants 1 and 2 admitted ha













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