Nallathambi Pillai Alias Nallasami ... vs Rahumath Bivi And Ors. on 20 January, 1943
The decision of the Calcutta High Court in Shewkissen v. Mangachand (1940) 45 C.W.N. 478 does not, in our opinion, in any way assist the appellant. In that case a business on the same lines as an ancestral business was started by the manager of a joint Hindu family at fresh centres with strangers as partners, such strangers being in control of the business. On the facts Mitter and Khundkar, JJ., held that this was a new business and not a continuation of the ancestral business. Apparently the learned Judges were impressed by the evidence that control of the business was given to a new stranger partner and did not remain with the joint family. That being the position, can the point of law before us be said to be "substantial "?