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Pitchayya Vs. Narasayya and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad246
AppellantPitchayya
RespondentNarasayya and anr.
Excerpt:
contract act, section 265 - partners--suit to recover share of profits realised. - charles a. turner, kt., c.j.1. this is not a claim to have a partnership wound up, nor is it a suit praying the court to order payment of debts and to distribute the surplus profits of a partnership. it is a suit to require the defendant to account for and pay over a portion of the sum realised on a joint speculation, or to provide for the plaintiff's share out of another portion of the fund which has been realised under the joint order of the parties.2. the court of first instance had, in our judgment, jurisdiction.3. the appeal fails and is dismissed with costs.
Judgment:

Charles A. Turner, Kt., C.J.

1. This is not a claim to have a partnership wound up, nor is it a suit praying the Court to order payment of debts and to distribute the surplus profits of a partnership. It is a suit to require the defendant to account for and pay over a portion of the sum realised on a joint speculation, or to provide for the plaintiff's share out of another portion of the fund which has been realised under the joint order of the parties.

2. The Court of First Instance had, in our judgment, jurisdiction.

3. The appeal fails and is dismissed with costs.


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