M L GOPALA SETTY Vs. M A AYODYARAM

JUDGEMENT

(1.) This revision in my view is not maintainable despite the contention advanced by the learned Counsel for the petitioner. This is an off-shoot of litigation of over 40 years and which apparently has not found a logical end.

(2.) The petitioner who is one of the defendants in O.S.No. 391/19 on the file of the City Civil Judge, Bangalore, is aggrieved by the order made by the IV Additional City Civil Judge on an application filed under Section 151 of the C.P.C. to hold that defendants in the suit are not liable to render the accounts to the plaintiff in respect of the property that were in their respective possession as on 11-7-1940. That contention appears to have been founded on what the learned predecessor had recorded earlier to the effect to the valuation made on the assets as on 11-7-1940 undisputedly being the joint family properties as on that dale was Rs. 15,99,70 and the value of the properties in the hands of the plaintiff as on 11-7-1940 being valued at Rs. 1,92,476-13, that was in excess of 2/19th share declared to be the plaintiffs share. The assets in the hands of the plaintiff was therefore more than he was entitled to as on that date. Therefore, the application with the prayer to which I have already adverted to.

(3.) In this Court also, Mr. G.S. Visveswara, Learned Counsel for the petitioner, has pointed out that having regard to the specific directions issued by the Supreme Court while disposing of Civil Appeals Nos. 2152-2153/1966(See A.I.R. 1972 S.C. 1279 at page 18) it will become unnecessary for defendants to render accounts, if the Court is satisfied that the plaintiff had on the relevant date more than his share of the joint family properties as valued. On the other hand, Shri Padubidri Raghavendra Rao, learned Counsel for the respondents, contends that all the three instructions given by the Supreme Court must be given full effect to and none of the instructions can be read in isolation and therefore what the learned Judge has now done is the correct thing i.e., to call upon all parties to render accounts in respect of the properties which were in their respective possession as on 11-7-1940.