THILLAI GANAPATHY Vs. KASINATHAN

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the revision petitioner against the order dated 16. 07. 2007 in Tr. O. P. No. 82 of 2006 by the learned Principal District Judge, Villupuram in dismissing the petition without cost.

(2.) THE revision petitioner/petitioner is the defendant in O. S. No. 134 of 2003 on the file of the learned Additional Subordinate Judge, Tindivanam. The first respondent herein has filed a Suit O. S. No. 134 of 2003 on the file of the learned Additional Subordinate Judge, Tindivanam for recovery of money on the basis of simple mortgage deed dated 15. 07. 1991 against the revision petitioner and the second respondent in the revision. Admittedly, the revision petitioner and the second respondent herein are son and father respectively.

(3.) IT is represented that the first respondent and the revision petitioner were running a partnership business in Koliyanur Village, Viluppuram Taluk, by taking dealership for running diesel pump retail outlet under the name of Ananda Agency at NKT Road, Kolianoor. It is further represented that the first respondent has been contributing to the partnership business small amounts on different occasions and the revision petitioner being a partner in the business, in order to ensure security for the amounts contributed by the first respondent, the first respondent got executed the simple mortgage deed dated 15. 07. 1991 from the petitioner herein. The contention is that there has been no actual payment for the mortgage deed dated 15. 07. 1991. Further, the stand taken in the O. S. No. 134 of 2003 is to the effect that the mortgage deed dated 15. 07. 1991 has not been supported by consideration as mentioned in the said deed and the same has been executed only to ensure repayment of the amount contributed by the first respondent in the partnership business. The further case is that the partnership business was only run by the first respondent and he alone was maintaining the accounts without actually disbursing the profits to the petitioner. Therefore, the revision petitioner has projected the suit in O. S. No. 43 of 2006 on the file of the learned Principal District Judge, Villupuram for effecting dissolution of partnership business Ananda Agency and for recovery of sum of Rs. 5,28,290/- being the estimated share of the petitioner and also for rendition of accounts.