High Court of Madras

A.K. Nithyanandham v. Saraswthi Velusamy and Ors.

MANU/TN/2527/2015

13.08.2015

Civil

Plaintiff must establish shape and active functioning of partnership if made orally

A right to participate in the profits of the trade does not, by itself, demonstrate the existence of a partnership; the relationship also depends on the intention and contract of the parties. Though the Court ascertained an agreement to share profits, it noted that the firm's business was primarily carried on by the Appellant, who also held much of the property in his own name. The Respondent had not averred that it was on her behalf the Appellant had done the same.

Relevant

Section 69 Indian Partnership Act, 1932 Act Paras Nath Thakur v. Smt. Mohani Dasi (deceased) MANU/SC/0156/1959
Yadarao Dajiba Shrawane (dead) by L.Rs. v. Nanilal Harakchand Shah (dead) & others MANU/SC/0639/2002

Tags : Partnership existence intention

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