N.A. XAVIER JULIEN Vs. N.X. THOMAS

JUDGEMENT

(1.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

(2.) This is a plaintiff's appeal in a suit for dissolving the partnership business. The plaintiff N.A. Xavier Julian represents the estate of N.X. Augustine deceased. According to the plaint Augustine and the defendant, N.X. Thomas, who is none other than the brother of the deceased Augustine, were partners of a firm named 'India Watch Company' and 'Karg Engineers' and Optical. The partnership was started on 01.4.1996 and N.X. Augustine died on 06.8.200 The defendant, as the surviving partner, however, carried on the business of the firm. He made large profits from the business. By reason of death of the father of the plaintiff Augustine, the share of the plaintiff rose to 75% and the share of the defendant remained at 25%. The defendant in order to swallow the entire income and share, started to maintain double accounts. When the plaintiff questioned the same and asked to render accounts, the defendant refused to do so. The plaintiff, therefore, prayed for a declaration from the Court dissolving the partnership of the Firm and a decree for rendition of accounts of the partnership Firm. It is scarcely necessary to mention that the plaintiff also claimed reliefs regarding the appointment of an Advocate Commissioner and the costs of the suit.

(3.) The defendant resisted the plaintiff's claim and pleaded that in the partnership business, the Opticals section was being looked after by the father of the plaintiff till his demise and after that, the plaintiff started running the business on his own without disclosing the sales and business to the defendant. One of the eldest sister of the plaintiff and also wife of the power agent of the plaintiff filed a suit, being O.S.No.256 of 2003, against the plaintiff for disclosing true and proper accounts. In the said suit, the defendant has paid a sum of Rs. 82,755.00 towards his share. In view of the said payment, 50% of the share of the deceased was allotted to the defendant. Thus, the total share capital provided by the defendant would be 75%. The defendant also denied the allegations of the plaintiff about maintaining of double accounts and not rendering accounts. It is stated that only the plaintiff has not disclosed the business accounts relating to Opticals Sec. for the past 2 years and that he is bound to render accounts. The suit has been filed only to grab the entire business. The plaintiff by his own conduct, spoiled the reputation and the good Will of the business. The plaintiff has engaged henchmen and threatened the defendant and the defendant is in a position to go to the shop only with the help of policemen. The plaintiff is only responsible for the loss occasioned in the business. Hence, the defendant prayed for dismissal of the suit.