KATTA SUBBARAO DIED Vs. POKURI SRI RAMALU

JUDGEMENT

(1.) The first defendant in O.S. No. 54of 1955 on the file of the District Judge, Eluru preferred the above appeal against the judgment and decree of Krishna Rao, J., in A.S. No. 4 of 1961. During the pendency of this appeal, the appellant died and his legal representatives have been brought on record.

(2.) The suit was filed by the first respondent on 4th November, 1955 for partition and separate possession of 1/8th share in Sri Ramakrishna Oil Mills, Eluru (hereinafter referred as the suit mill') and for rendition of account by the first respondent of the income from the suit mill from 6th January, 1946 on the following allegations: The plaintiff and defendants 1 to 3 are co-owners and the plaintiff being entitled to 1/8th share, first defendant to share and the second defendant to 1/4th share and the 3rd defendant to 1/8th share respectively. Due to differences between them they agreed to lease out the suit mill by auction gmong themselves on 6th January, 1946, and the first defendant was the highest bidder at Rs. 20,001 per year. The first defendant accordingly became the lessee of the suit mill. He was also the managing co-owner and as such Was liable to render to the co-owners the account of the rents and profits.

(3.) The defence of the first defendant material to the appeal was that he was not the lessee. He bid at the auction not for himself but on behalf of the 6th defendant- Firm of which he, 4th and 5th defendants were the partners and therefore, the 6th defendant alone was liable for rent. He further contended that he was not the managing co-owner and was not therefore, liable to account. He raised also the plea that the suit was barred by limitation.