IQBALNATH PREMNATH ANAND Vs. RAMESHWARNATH PREMNATH ANAND

JUDGEMENT

(1.) A short but some what interesting question arises in this appeal from order, as to when a partnership can be said to be not a partnership at will even if the relevant deed of partnership does not contain any express provision either as to the duration or the determination of the partnership.

(2.) By a deed of partnership dated the 4th December, 1967, the plaintiff and the two defendants who are blood relations (the plaintiff and the first defendant being brothers and the second defendant being their mother) agreed to continue the family business of Messrs Ramsarandas & Sons, operating inter alia as Passage & Passport Agents. It would appear that the business was originally started years back in 1914, by an ancestor of the parties, as a proprietary business, and was thereafter converted into a partnership. There were several reconstitutions in between until the present firm was constituted by the above mentioned deed of partnership dated 4th December, 1967. It is this partnership, with which this appeal is concerned.

(3.) It is now appropriate to set out some of the relevant provisions and clauses of this partnership deed because a considerable amount of argument has been advanced on the interpretation of this deed and in particular clauses 14 and 15 thereof.