M.JAYAPAL Vs. M.N.SAMPATH

JUDGEMENT

(1.) The first defendant is the appellant in this appeal before this Court. The plaintiff is the first respondent herein. The present appeal arises out of the judgment and decree dated 27.02.2012 in O.S.No.64 of 2010 on the file of the Principal District Judge, Krishnagiri.

(2.) The first respondent/plaintiff filed a suit for partition of the suit properties including the mining lease rights granted by the Tamil Nadu Government, to be divided into two equal shares in metes and bounds and allotting one such divided share to the plaintiff; directing the delivery of separate possession of the share so allotted to the plaintiff; restraining defendants-2 to 4 by a permanent injunction from in any way carrying on any quarrying operations in the suit lands; directing the ascertainment of income from quarrying of granite from the suit lands from 12.05.2009 till the delivery of possession of the plaintiff's share and directing the payment of half of the income so ascertained to the plaintiff; and to direct the defendants to pay to the plaintiff the costs of the suit.

(3.) The case of the first respondent is that the first respondent and the appellant were close friends. As early as 1991, they had mutually agreed to do granite quarry business jointly. With this view, the first respondent looked for lands with granite deposits. the appellant, having knowledge in the procedures to get the mining lease from the Government, suggested that the lands should be purchased in the name of one person only. Accordingly, as per the mutual understanding, the suit lands were purchased in the name of the appellant. According to the plaintiff/first respondent, the sale consideration was paid in equal share by the appellant and the first respondent. The appellant and the respondents entered into a partnership agreement on 03.07.1997, wherein, according to the first respondent, it was admitted by the appellant that the suit lands were purchased jointly and that they would do business in granite mining in the suit lands jointly. The appellant herein accordingly applied to the Government of Tamil Nadu for licence to quarry granite in the suit lands. Licence was granted to the appellant to carry on mining operation for grey granite in 1.32.0 hectares, which is sub-divided as S.No.45/2E and 0.10.0 hectares in suit item 2, which is sub-divided as S.No.754/1A as per G.O.(3D) No.88, Industries (MME-2) Department dated 12.12.2007. The agreement for quarrying between the Government of Tamil Nadu and the appellant was entered into on 12.05.2009 for a period of twenty years from 12.05.2009 to 11.05.2029.