B KOTTI Vs. G SUBBIAH

JUDGEMENT

(1.) This appeal has been preferred against the decree and judgment passed in O.S.No.46/1985 (pauper O.P.41/84) on the file of the Sub-court, Poonamallee.

(2.) The facts in brief in the plaint are as follows: The suit was filed by the plaintiff in informal pauperize to realize Rs.75,000/- with interest. The plaintiff has appointed the Defendant as power agent through the power deed dated 28.9.1981. As per the said power deed, the Defendant has to lookafter the business conducted by the plaintiff and to maintain the accounts for the same. The Defendant is bound to handover the entire profits of the business to the plaintiff. But the Defendant has failed to perform his duty properly and began to set up another Arrack Shop, just one mile away from the plaintiff's arrack shop. If the Defendant would have conducted business in a proper manner, the plaintiff would have received Rs.1,40,000/- towards net profit. Plaintiff issued notice dated 1.4.1982 to the Defendant for rendition of accounts. The Defendant in his reply notice dated 23.4.1982 had demanded to repay the loan amount of Rs.30,000/- from the plaintiff. For the said notice the plaintiff has issued notice of rejoinder dated 23.07.1982. Even though the net profit would be much more, the plaintiff restricts the same to Rs.75,000/-. Hence, the suit.

(3.) The Defendant in his written statement would contend as follows: It is not correct to say as per general power dated 28.9.1981 the plaintiff had handed over the business to the Defendant. The Defendant never conducted any business on behalf of the plaintiff. Hence, the Defendant is not bound to furnish the plaintiff any balance sheet (Profit and loss statement). There is no cause of action to the plaintiff. Hence the suit is liable to be dismissed.