Mode of determining existence of partnership

In determining whether a group of persons is or is not a firm, or whether a person is or is not partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. Explanation- 1. The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners. Explanation- 2 The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business ; and in particular, the receipt of such share or payment - a) by a lender of money to persons engaged or about to engage in any business. b) by a servant or agent as remuneration. c) by the widow or child of a deceased partner, as annuity, or d) by a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof. does not of itself make the receiver a partner with the persons carrying on the business.