Both parties, the Tribunal and the High Court have proceeded on the footing that, on the death of Mohan Lal Daulat Ram, his interest in the partnership survived to the other members of the family companysisting of Bai Chandanbai widow of Mohan Lal Daulat Ram and Sevantilal.
Under that deed the partners of the firm were Sevantilal and his mother Bai Chandanbai.
It is important here to mention that Mohan Lal Daulat Ram and Sevanti Lal were partners in the firm in their individual capacity.
Their respective shares of income from the firm was assessed in their hands as their individual profits.
The recital in the partnership deed appears to have created a lot of misapprehension in the minds of the parties.
