Present: Schneider J. and Jayewardene A.J.

IDROOS et al. v. SHERIFF.

110-D. C. Colombo, 12,051.

    Partnership-Agreement for establishing partnership where capital exceeds Rs. 1,000 - Absence of writing - Reference to partnership in documents-Ordinance No. 7 of 1840, s. 21 (4).

A partnership cannot be established in terms of section 21 (4) of the Ordinance of Frauds and Perjuries by means of statements, relative to the alleged partnership, found in documents.

A third person may offer evidence of such statements to prove the existence of a partnership between others.

ACTION by the plaintiffs as heirs of one Idroos for declaration of title to certain shop goods, stock in trade, &c, of the value of Rs. 21,000 lying at No. 1, Hospital street, Colombo, against the defendant, Sheriff. The defendant pleaded that Idroos and he carried on business in partnership at the place, and that he was ' entitled to a half share of the business, which he valued at Rs. 22,000. The learned District Judge held that, in the absence of an agreement in writing, the defendant could not establish the alleged partnership, and gave judgment for the plaintiffs. Th