LAWS(MAD)-2023-5-24

MUTHIAH (DECEASED) Vs. RAJAM (DIED)

Decided On May 24, 2023
Muthiah (Deceased) Appellant
V/S
Rajam (Died) Respondents

JUDGEMENT

(1.) This Second Appeal arises out of the Judgment and Decree, dtd. 15/11/2010 in A.S. No.48 of 2009 passed by the learned Subordinate Judge, Mannargudi, in partly reversing the Judgment and Decree, dtd. 29/6/2007 in O.S. No.334 of 2004 passed by the Additional District Munsif, Valangaiman.

(2.) The Plaintiffs had filed a Suit O.S. No.334 of 2004 on the file of the learned Additional District Munsif, Valangaiman, for the following reliefs: <IMG>JUDGEMENT_24_LAWS(MAD)5_2023_1.jpg</IMG> <IMG>JUDGEMENT_24_LAWS(MAD)5_2023_2.jpg</IMG>

(3.) The case of the Plaintiffs is that a Partnership had been floated on 20/1/1971 between one Gurunathan Chettiar and one Muthiah. The purpose of the Partnership was to run a Cinema Theatre by name "Sri Murugan Talkies". The profit and loss were to be proportionately shared equally. The Plaintiffs laid the Suit in O.S. No.334 of 2004 on the file of the learned Additional District Munsif Court, Valangaiman, for the dissolution of the Firm with effect from 26/5/1999, when Gurunatha Chettiar had passed away. They also claimed for allotment of shares in the Suit properties and other properties belonging to the Firm for rendition of accounts and for other reliefs.