MUVURI MANIKYAM Vs. G HANUMANTHA RAO

JUDGEMENT

(1.) The legal heirs of the first defendant and the 2nd defendant are the appellants herein and the appeal is directed against the judgment and decree passed by the III Additional Chief Judge, City Civil Court, Hyderabad AS No. 145 of 1992, dated 31-12-1996, under which the judgment and decree passed by the 9th Assistant Civil Judge, City Civil Court, Hyderabad in OS No.3185 of 1983, dated 20-4-1992, dismissing the suit was reversed and decreed the suit. The parties are referred as arrayed in the original suit.

(2.) In the second appeal, the appellants raised the following questions of law as substantial questions of law arising out of the judgment and decree of the lower Appellate Court:

(3.) The brief facts of the case are: The plaintiff and defendants 1 and 2 were the partners of the firm M/s. Jagadamba Trading Company, located in the premises Mulgi No.5-2-200/A-B of New Osman Gunj, Hyderabad, which came into existence on 29-9-1972. The plaintiff and defendants were dealing with grain, pulses oil etc., and were also acting as Commission Agents. Initially the partnership deed dated 15-11-1972 was executed by all the partners. Subsequently, they have executed another partnership deed dated 18-9-1980. The said partnership business was carried on upto 2-3-1982 and was orally dissolved on 3-3-1982 with the consent of the partiers to the suit. The account books of the said partnership firm and business are with the defendants. The defendants promised to render the accounts for ascertaining the profit and loss, but they did not do so. Ultimately, the defendants handed over a deed of dissolution of the partnership. The plaintiff did not see the said deed, as the defendants have not rendered the accounts, nor they have given any balance sheet for the period from 23-11-1980 to 2-3-1982, and it is not mentioned in the dissolution of partnership deed about the agricultural land of Acs.6-09 guntas bearing Sy. No.273/1 at Nandigam Village, Sangareddy Taluk, Medak District, in which the two firms, M/s. Narsing Traders of Mukthiergunj and M/s. B. Jagadamba Trading Company (dissolved firm) have equal shares. Therefore, the plaintiff got issued a notice dated 26-7-1983 through his Advocate requesting the defendants to send the balance sheet and asked them to clarify the above agricultural lands. But the defendants instead of complying with the request of the plaintiff flatly denied in doing so. The defendants are liable to render accounts of the partnership firm for ascertaining the profit and loss for which the plaintiff is entitled. It is further stated that the dissolved firm has not sustained any loss but gained sufficient profit. Therefore, the defendants are avoiding to render the accounts of the dissolved partnership firm. Hence, the plaintiff is entitled to sue, and the defendants are liable to answer.