MANGALMURTI
FIRM OF SAHEBRAM SURAJMAL – Appellant
Versus
PURUSHOTTAMLAL GOPIKISHAN – Respondent
Mangalmurti, J—The stock-in-trade of the farm of ''Khetmal Bhariodan'' was purchased by the firm of the following four persons: (1) The Plaintiff firm, (2) Gopikisan (father of Defendant 1), (3). Balkisan (Defendant 2) and (d) Ramkisan (father of Defendants 3 to 6). The partnership of the abovementioned four persons was formed in 1931 and given the name ''Sukhlal Sampatlal.''
2. The Plaintiff brought this suit for a declaration that the firm ''Sukhlal Sampatlal'', which had changed its name first to ''Ramanlal Purushottamdas'' and then to ''Ramanlal Hanumandas'' was dissolved on 31st October 1939 by its- notice Ex. D-1. The defence was that the Plaintiff firm had transferred its share to the rest of the partners with effect from 1935 by sale. The trial Court and the Court of first appeal have found that there was such a sale.
3. The learned Counsel for the Appellant contends that there was in fact no sale and all the evidence that has been led by the Defendants shows that the parties were only negotiating a. sale but it had not been completed and was to be completed by a writing. Both the lower Courts relying on the evidence of Govindlal Nathani (D.W. 1), the entries in the a
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