JUDGMENT

1. This is a defendant's, appeal against the decree of the learned Additional Subordinate Judge of Bara Banki, dated 10th March 1927, granting; the plaintiff-respondent a declaration that he is still a member of a certain firm. The decree refuses dissolution) of partnership. The plaintiff-respondent has riled a cross-objection against the refusal to dissolve partnership. The following facts are stated to show the nature of the dispute. George Perfect-owned a patent for the manufacture oft a certain type of mills for pressing sugarcane. He installed a factory close to Bahramghat in the Bara Banki District for the manufacture of these mills. Hia main business consisted in leasing these mills to cultivators during the cane pressing season, and the profits were-derived from the excess in rental of mills, over the working expenses of manufacture and upkeep. There were similar concerns in the neighbourhood one of which was owned by the plaintiff-respondent Kunj Behari Lal and another of which was owned by a man called Sheoratan. Perfect sold his business as a going concern to the plaintiff and five other persons. These five persons are Ajudhia Prasad, brother of the plaintiff, Ne