VENKATA SWAMI NAIDU Vs. DHARAMPRAGADA RAMALINGA MURTHY

JUDGEMENT

(1.) These two appeals arise out of a common judgment as two suits were tried together. A.S. No. 18 of 1979 arises out of judgment and decree in O.S. No. 277/72 and A.S. No. 1220/1980 arises out of judgment and decree in O.S. No. 278/72. The Defendants are the same in both the suits but the Plaintiffs are different. In O.S. No. 277/72 one Dharanipragada Ramalinga Murthy, being minor represented by his brother, is the plaintiff. (Now he is declared as major). In the other suit, O.S. No. 278/72 D. Venkata Rao and Brothers, a Hindu Joint Family Firm, is the plaintiff.

(2.) In the Trial Court, common evidence was adduced, and the Trial Court decreed the suit O.S. No. 277 of 1972 and dismissed O.S. No. 278/ 1972. Defendants 3 and 4 are the Appellates in A S. No. 18/1979 against the decree and judgment in O.S. No. 277/1972. The Plaintiff is the Appellant in AS. No. 1220/1980 agaist the decree and judgment in O.S. No. 278/1972. A.S. No. 18/1979 :

(3.) 1 shall take up A.S. No. 18/1979 first. The suit was laid on the foot of an agreement Ex. A-1 in the case whereunder the Plaintiff, a minor who was admitted as a Partner of the First Defendant Firm, was allowed to retire and in lieu thereof a sum of Rs. 16,616 was agreed to be paid by the Managing Partner and 2nd Defendant, with a guarantor to the said agreement, who is the 5th Defendant. The suit is laid to enforce the said Agreement, and to recover the suit amount as recited in the said agreement.