SHANTHI Vs. SAKTHIVEL

JUDGEMENT

(1.) This appeal suit is preferred by defendants 1 and 2 in the suit in O.S.No.16 of 2008 on the file of the I Additional District and Sessions Court (PCR Court), Thanjavur.

(2.) The suit in O.S.No.16 of 2008 was filed by respondents 1 to 6 herein for partition and separate possession of plaintiffs' half share in the suit 'A' and 'B' schedule properties, as per the registered partition deed, dated 24.04.1971, after dissolution of the Partnership Firm, namely, "M/s.Sri Ambika Silk Stores" and for settlement of accounts of the Firm from 03.10.1999. The plaintiffs have also prayed for consequential relief for appointment of an Advocate Commissioner for division of the property and to pass final decree on the basis of Commissioner's report.

(3.) The suit 'A' schedule property is land and building in T.S.No.1290/2 in South Raja Street, Thanjavur Town, Thanjavur District with all superstructure and fittings. The suit 'B' schedule property is stock in trade in the textile shop and other amounts after adjustment of accounts. The plaintiffs valued the first two items of 'B' schedule property at Rs.19,00,000/- and valued the items 3 to 6 of 'B' schedule property at Rs.8,68,500/. Deducting a sum of Rs.27,00,000/-, which is stated be the outstanding loan to be paid by the Partnership Firm, the balance amount of Rs.68,500/- is shown as amount due to plaintiffs from "B" schedule.