LAWS(KAR)-1962-4-1

SSHANKAR ALVA Vs. SRAMAYYA NAIK

Decided On April 19, 1962
S.SHANKAR ALVA Appellant
V/S
S.RAMAYYA NAIK Respondents

JUDGEMENT

(1.) This appeal arises out of O.S. No. 107 of 1952 filed by the respondent-plaintiff in the Court of the Subordinate Judge, South Kanara, claiming accounts of all the monies realised by defendant 1 from the plaint schedule properties and praying that the said defendant may be directed to pay him his share of the amount so found due. The trial Court decreed the plaintiff's suit. Hence this appeal by the defendant.

(2.) The facts giving rise to this appeal may be briefly stated as follows:

(3.) The plaintiff filed the suit against defendants 1 and 2. Defendant 2 who is since dead was joined as a proforma party against whom no claim was made. The claim was only against defendant 1. Plaintiff and defendant 1 with defendant 2 formed members of one joint Aliyasanthana family. Defendants 1 and 2 are uterine brothers and the plaintiff is the son of the deceased sister of the defendants.