NILGIRI DAIRY FARM Vs. S A RATHNASABHAPTHY

JUDGEMENT

(1.) These two appeals are directed against the common judgment and decree dismissing the suits O.S. Nos. 51/1965 and 52/1965, on the file of the II Addl. District Judge, Bangalore. The plaintiff in the suits is the Nilgiri Dairy Farm, a registered partnership firm, No. 71-72, Brigade Road, Civil Station, Bangalore, The defendant in O.S.No. 51/1955 is S. A. Rathnasabhapathy. The two defendants in O.S. No. 52/1965 are (l)S. Armuga Mudaliar, son of Sellappa Mudaliar, and (2) S. A. Kandaswamy, son of Defendant-1.

(2.) As the questions of law and facts in the two suits were found to be common, the learned II Addl. District Judge, framed common issues and disposed of the two suits together by a common judgment.

(3.) It is undisputed that the plaintiff firm consists of partners who are father and sons. The father is one Muthuswamy Mudaliar. He is the eldest brother of S. Armugam Mudaliar Defendant-1 in O.S. No. 52/1965. Defendant-2 in O.S. No. 52/1965 is the eldest son of S. Armugam Mudaliar and the defendant S. A. Rathnasabhapathy in O.S. No. 51/1965 is the second son of S. Armugam Mudaliar.