KANNA GANGADHAR Vs. KANNA DUBBAIAH

JUDGEMENT

(1.) In this batch of cases common questions are involved. Hence, they are disposed of by a common order. The complainants in all these cases deposited some moneys in Sri Venkateshwara Chits and Financiers which is a partnership concern and obtained certificates in token of receipt of the same. When they demanded for repayment they noticed that the business of the firm was closed. As such they approached the District Forum for recovery of their amounts deposited together with interest. All the partners were also added as parties.

(2.) Though separate counters were filed by the opposite parties, the main objection seems to be that each partner has a definite share. Therefore, the liability cannot exceed that percentage.

(3.) Before the District Forum the complainants examined themselves besides marking the deposit certificates and registered notices. The opposite parties also examined R. Ws.1 and 2 and marked some documents like partnership deed, resolution dated 11.7.1987 and also plaint copies of the suits filed by the complainants. On the basis of the material available on record the District Forum found that there is deficiency of service on the part of the opposite parties and accordingly directed payment of the amounts deposited with interest. The said orders are questioned in these appeals.