KASARANENI ADINARAYANA MURTHY Vs. ALAPATI VENKATA SUBBA RAO

JUDGEMENT

(1.) This second appeal is filed against the decree and judgment in AS No.27 of 1985 on the file of the Principal Subordinate Judge, Tenali, confirming the decree and judgment in OS No.76 of 1978 on the file of the 1 Additional Munsif Magistrate's Court, Tenali.

(2.) Defendants in the suit whose defence was not believed by both the Courts below are the appellants herein. The suit is filed for recovery of a sum of Rs.7,940-35 ps, being principal and interest due to the plaintiff by the defendants, by way of reimbursement of the amount of Rs.6,248-35 ps, with interest thereon at 9% per annum from 8-11-1974. The case of the plaintiff is that his father Alapati Rajaih and the defendants' father Kasaraneni Ankineedu along with one Vuppala Venkata Subbaiah and Puvvada Satyanarayana did joint business under the name of 'Sri Kanyaka Parameswari Rice Mill' by its manager Alapati Rajaiah. After some time, disputes arose between the partners of the firm and the firm was later dissolved. Consequently, number of suits were filed against the firm. Further, one of the partners of the firm i.e., the father of the defendants-Ankineedu filed a suit OS No.127 of 1956 on the file of the District Munsif s Court, Repalle, against the other partners i.e., the father of the plaintiff Rajaiah and two others, for settlement of accounts of the firm. The said suit remained pending for a considerably long period. In that suit, a preliminary decree was once passed on 11-2-1968 but the same was set aside by the appellate Court and the suit was remanded to the trial Court for fresh disposal. Meanwhile, Ankineedu, the father of the defendants, died on 28-8-1959 and the defendants and also their sisters were impleaded therein. In the year 1968, Rajaiah, the father of the plaintiff, also died. The plaintiff and his four brothers and two sisters were impleaded therein as D4 to D10. After remand of the suit, the parties compromised the dispute. As per the said compromise, an amount of Rs.10.QOO.00 was paid by the 1st defendant to Rajaiah, plaintiffs father, on 14-2-1962 in final settlement of all the disputes between the parties. To the above effect, the 1st defendant represented before the trial Court by filing a receipt for Rs.10,000.00signed by Rajaiah into Court. It is recited in the receipt that all the pending disputes between the parties are settled and as per the terms of the compromise, Rajaiah agreed to file memos of adjustment in all the pending suits between the parties i.e., OS No.38 of 1959, OS No.40 of 1959, OS No.54 of 1956 on the file of Sub-Court, Tenali and SA No.97 of 1959 and SA No.537 of 1959 on the file of A.P. High Court and also in OS No.127 of 1956. Thereupon, OS No.127 of 1956 was dismissed by the trial Court on 4-8-1970.

(3.) While so, Rajaiah, plaintiffs father, filed a suit in OS No.73 of 1956 against one Alapati Suryanarayana and others in his individual capacity for specific performance of a contract. The firm is in no way concerned with the said suit transaction. In the said suit, Rajaiah got attached an amount of Rs.6.248-35 (which is lying in another suit OS No. 105 of 1953 on the file of Principal Subordinate Judge, Tenali) before judgment. The said suit was decreed later. Be that as it may.