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1997 Supreme(SC) 7

K.RAMASWAMY, G.T.NANAVATI
Sitaramacharya – Appellant
Versus
Gururajacharya – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment dated September 18, 1995 made in R.S.A. No. 679/94 by the Karnataka High Court. The appellant s father filed the suit for declaration and rendition of account from the respondent. According to him, he had purchased the business of the restaurant on July 2, 1951 for a consideration of Rs. 2000/- out of his own funds under Ex.P-7. Since he was employed as a teacher and the respondent was loitering jobless, he put the respondent in charge of the business. However, due to mismanagement of the business on the part of respondent, the appellant s father filed the suit with the above relief. The trial Court decreed the suit on October 28, 1986, but on appeal the Addl. District Judge by his judgment and decree dated February 28, 1994 reversed the decree and dismissed the suit and in the second appeal it was confirmed. Thus this appeal by special leave.

3. In the earlier proceedings, the respondent had made an unequivocal admission in the written statement as under :

"2. In 1946 P. Vasudevacharya had taken a loan from Sitaramacharya the elder brother of the opponent. Since P.







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