M.SIVAKALAI Vs. CHETTIGE ESTATE

JUDGEMENT

(1.) The plaintiff in a suit for dissolution of partnership and rendition of accounts has filed the present second appeal challenging the judgment and decree of the First Appellate Court.

(2.) The plaintiff had contended that the first defendant is a partnership firm and the second defendant is the the managing partner. The plaintiff and the third defendant are the remaining partners of the said firm. According to the plaintiff, the partnership firm was commenced by her father Thanneermalai Chettiar in the year 1976 with himself, her mother and her maternal grandmother. It is further contended that the plaintiff was inducted as a partner in the said firm with effect from 1/6/1986 with a share capital of 20%. After the death of maternal grandmother in the year 1988, it was reconstituted with the plaintiff and the defendants 2 and 3. Thereafter, Thanneermalai Chettiar had passed away and on 6/12/1992, the plaintiff and the defendants 2 and 3 became continuous partners of the first defendant's partnership firm and it was further contended that the second defendant has took over as managing partner of the firm.

(3.) The plaintiff has further contended that the second defendant has given power of attorney in favour of another brother T.Subramanian to represent the firm, but subsequently due to misunderstanding, it was cancelled. When the plaintiff has raised objection to their activities and issued a legal notice, a reply notice was sent stating that she is not a partner in the firm. Hence, the present suit.