ABDURAHIMAN KUTTY HAJI Vs. NAFEESA

JUDGEMENT

(1.) First defendant in a suit for rendition of accounts of a dissolved firm and mandatory injunction to put the plaintiff in possession of A and B Schedule properties and also prohibitory injunction restraining the defendants from entering in the premises, is the appellant.

(2.) Plaint A schedule property having an extent of 8 cents and the building thereon belongs to the plaintiff's mother inlaw. On 20th May 1976 the mother inlaw executed a lease in favour of the plaintiff, stipulating a rent of Rs. 125 per mensem. On 21st May 1976 the plaintiff and defendants entered into a partnership agreement as per Ext. A - 1 to start a business in the schedule premises. Ext. A - 1. partnership deed provides that the lease in favour of the plaintiff will continue as such, that the defendants shall pay the plaintiff Rs. 1,500 per mensem, that the term of the partnership is for three years, that the defendants have to contribute Rs. 25,000 in the business, that the business shall be in copra, that the profits of the business shall be shared between the plaintiff and defendants at the ratio 40:30:30, that in case of loss in the business, the plaintiff is to get Rs. 5,000 in a year, that the business shall be managed by the defendants, that the B schedule movables supplied by the plaintiff shall be returned on the dissolution of the partnership, and that after the dissolution, the lease in favour of the plaintiff shall continue.

(3.) On the allegation that amounts are due to the plaintiff under the terms of Ext. A - 1 the partnership agreement, and that the defendants even after the dissolution and termination of the partnership have not vacated the