ABUBACKKAR SIDDIQ AND ORS. Vs. GANESAN

JUDGEMENT

(1.) The rejection of claim to refer the suit for arbitration made the defendants in O.S. No. 19 of 2008 on the file of District Court, Sivagangai to file the Civil Revision Petitions.

(2.) The respondent filed a suit in O.S. No. 19 of 2008 against the petitioners, praying for a decree, directing partition and separate possession of the suit property, besides a decree for past mesne profits and damages.

(3.) The respondent in the suit in O.S. No. 19 of 2008 contended that the suit property was purchased jointly by the parties by means of a registered sale deed dated 21 March, 2007. The parties have entered into a partnership agreement on 19 August, 2007 for carrying on the business of hulling paddy and selling rice under the name and style of "Sri Meenambal Modern Rice Mill". The petitioners herein were the managing partners of the firm. The respondent was away at Madras and as such, he could not participate in the day -to -day affairs of the firm. According to the respondent, the petitioners swindled the money of the partnership firm and caused him substantial loss. The respondent, by notice dated 02 June, 2008, exercised his option to dissolve the firm with effect from 02 June, 2008. Thereafter, the respondent filed the suit for partition and separate possession.