JANAKAMMA Vs. RAMASWAMY IYENGAR

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondent Nos.1 to 7.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of partition and separate possession is that the shop premises situated at Gandhi Bazar which is morefully described in the suit schedule is the ancestral property of the plaintiff and defendant No.1. A bakery business is being run in the suit schedule property by plaintiff and defendant No.1 and the said business was commenced in the year 1965 under the name and style as Hassan Bakery under the partnership of both plaintiff and defendant No.1 and their father Late M.R. Ramanuja Iyangar. After the death of their father, the Bakery business is continued under the partnership of plaintiff and defendant No.1 and defendant No.1 being the elder person has been managing the partnership business, but he has neglected the plaintiff and tried to obstruct him from participating in the business and the defendant No.1 had filed suit in O.S.No.366/1995 seeking injunction contending that he is the owner of the suit Bakery. It is contended that defendant No.1 has created a false document such as a Will alleged to have been executed by their father in his favour bequeathing the entire business. The said suit came to be dismissed and the appeal was also dismissed. It is contended that the plaintiff is in joint possession and enjoyment of the suit schedule property and business and called upon the defendant No.1 to give share and he did not comply with the same, instead issued reply notice. Hence, he filed the suit.