1942 (12) TMI 9

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....Lal. He alleged that the parties were partners and he asked for accounts and for such a sum as might be found due to him after the taking of accounts. Defendants put in one written statement and, while admitting that there had at one time been a partnership, said that it was dissolved during the lifetime of their father. They asserted that they had submitted accounts for the years 1924 to 1936 and, on a reminder, also for the years 1911 to 1923 and, that they had offered a sum of Rs. 408-11-3 which the plaintiff would not accept. They admitted there was joint property and they did not explain why they submitted accounts to the plaintiff. The first Court found that on the facts the partners were co-owners of properties which were jointly pur....

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....and dividing them between the parties would not establish a partnership. He evidently thought that the word 'business' as used in Section 239, Contract Act, meant some undertaking of an industrial or commercial nature. That section is as follows: Partnership is the relation which subsists between persons who have agreed to combine their property, labour or skill in some business and to share the profits thereof between them. 3. The word 'business' is not used in the sense applied to it by the learned District Judge. For instance, two doctors may form a partnership to treat patients and not to do anything of a commercial nature such as selling medicines. Two owners of buildings, which they let out to tenants, can ....