Law: Partnership Act (IX of 1932)

Section: 18,19(1),22

(a) Partnership Act (IX of 1932)---Ss. 18, 19 (1) & 22-Party to agreement described in opening words as "Babu Raza Hussain of Engineering & Co."----Raza Hussain signing agreement without indicating that he had signed it on behalf of firm-Word "of " used as indicating "origin"-Raza Hussain, in circumstances, held, entered into agreement on behalf of firm.   Law of Agency by Bowstead, 11th Edn. 1951, Article 119, p. 254 and Law of Agency by Stoljar 1961 Edn., p. 254 mentioned.   A I R 1948 P C 146 (sic) and Atmaram v. Notandas Devi A I .R 1930 Sind 4 distinguished.   Partnership Act by Om Prakash Aggarwala, 1959 Edn., p. 239 ref.   (b) Dekkan Agriculturists Relief Act, 1879-----Person claiming relief under Act must be an "agriculturist".   Dates of hearing : 9th, 10th and 11th February 1965.   JUDGMENT   INAMULLAH, J.-----This is a defendants' appeal against the judgment and decree of the First Class Sub-Judge, Hyderabad dated the 30th March, 1959 in a suit for recovery of Rs. 44,980 together with interest from the date of the institution of the suit till its payment. The facts as stated in the pleadings of the parties are these: The plaintiff is a registered firm known as "Engineering & Co.", Hyderabad. It entered into an agreement with defendants Syed Ghulam Hussain Shah and Syed Hussainali Shah on 12th September 1952, to repair their cinema (Fazlani Talkies) under the terms and conditions provided in the said agreement. The plaintiffs started the work on 27th July 1952, and carried on up to 25th December 1952. A sum of Rs. 82,579 was payable on account of reconstruction charges by the defendants. The defendants paid a sum of Rs. 42,418 on different dates after persistent demands leaving a balance of Rs. 40,161. The defendants failed to pay the balance of the amount due to the plaintiffs. The defendants, however, asked the plaintiffs to have the bills scrutinised and checked by their surveyor, Mr. Lawrence with the help of one Muhammadali Maulabux. Mr. Lawrence checked the bills and found them correct. The plaintiffs sent a final notice for payment of the amount…