LAWS(SC)-1997-1-116

SITARAMACHARYA DEAD Vs. GURURAJACHARYA DEAD

Decided On January 06, 1997
SITARAMACHARYA Appellant
V/S
GURURAJACHARYA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises from the judgment dated September 18, 1995 made in R.S.A. No. 679/94 by the Karnataka High Court. The appellants father filed the suit for declaration and rendition of account from the respondent. According to him, he had purchased the business of the restaurant on July 2, 1951 for a consideration of Rs. 2000/- out of his own funds under Ex. P-7. Since he was employed as a teacher and the respondent was loitering jobless, he put the respondent in charge of the business. However, due to mismanagement of the business on the part of respondent, the appellants father filed the suit with the above relief. The trial Court decreed the suit on October 28, 1986, but on appeal the Addl. District Judge by his judgment and decree dated February 28, 1994 reversed the decree and dismissed the suit and in the second appeal it was confirmed. Thus the appeal by special leave.