CHERUKURU MUNAIAH Vs. CHINNAM SANKARAIAH

JUDGEMENT

(1.) Defendant No.9 (D-9, for short) in O.S.No.39 of 1995 on the file of the Senior Civil Judge, Srikalahasti laid the present appeal against the sole plaintiff and defendants 1 to 8. The suit was filed for recovery of Rs. 3,15,730/-. It is claimed that the share of the rent of the first plaintiff for leasing out the premises to D-9 was at Rs. 2,700/- per month, as the rent of the premises was Rs. 13,500/- per month and that the plaintiff holding 20% interest in the premises is entitled to Rs. 2,700/- per month. The claim was from 01.10.1990 till 15.08.1995 at a total of Rs. 1,26,900/-. The plaintiff sought interest at 24% per annum and claimed a total of Rs. 3,15,730/-.

(2.) The plaintiff, defendants 1 to 4 and one M.C. Nagaraja (husband of the fifth defendant) constituted a firm under the name and style of Sri Paramjyothi Kumara Swamy Rice Mill. THE partnership deed was executed on 25.02.1987. Late Nagaraja died prior to the date of suit. THE plaintiff, consequently, impleaded the wife of Nagaraja as fifth defendant and the children of Nagaraja as defendants 6 to 8 in the suit. THE firm was doing business in hulling paddy and other analogous and miscellaneous activities.

(3.) D-9 contended that there is no privity of contract between the plaintiff and D-9. He contended that the very suit is misconceived where plaintiff laid the suit for dissolution of the firm.