Defendants 1 and 2 filed this appeal aggrieved by the judgment and decree passed by the Senior Civil Judge, Puttur in O.S. No.54 of 1995 dated 16-4-1999 decreeing the suit filed for rendition of accounts in respect of firm M/s. Anand Theatre from 1-4-1993 to 1-4-1995 and for payment of 1/4th share of income from the plaint schedule properties to the plaintiff with interest at 24% per annum and costs.

2. Pleadings which are not in dispute and necessary for disposal of the appeal are as under:

Plaintiff alleged that himself, defendants 1 to 3 are partners in the firm in which plaintiff has 1/4th share and defendants 1 to 3 also has 1/4th share each which was re-constituted under a partnership deed on 1-4-1992 and was doing business in running cinema theatre under the name and style "Anand Theatre" in Pudupet, Nagari Mandal. It has also got shopping complex in the premises apart from vacant land described in the schedule as partnership property. The partnership was registered under Section 59 of the Indian Partnership Act, 1932 (for short "the Act") as per the certificate issued by the Registrar dated 24-9-1994. According to the plaint averments the construction of the theatre was completed in June, 1978 and the firm has taken up the construction of shopping complex between 1989 and 1991 out of the income derived from the cinema theatre. Defendants 1 and 2 who are the managing partners of the firm are managing the theatre in 1992 and prior to 1992 1st defendant was managing the business and defendants 1 and 2 are cousins. The 3rd defendant is a close relative of defendants 1 and 2. All the three defendants colluded together with ulterior motive and tried to defraud the plaintiff of his plaint, schedule property. For the last three years defendants 1 and 2 turned hostile and successfully evading to render the accounts and misappropriating the income derived from the business. In spite of repeated demands made by the plaintiff they are evading to render the accounts and pay his share in the income. Therefore, he got issued legal notice dated 5-12-1994 calling upon the defendants to render proper accounts of the firm from the beginning. The 1st defendant having received the legal notice sent a reply dated 21-12-1994 with false claims stating that the plaintiff, defendants 2 and 3 are only name lenders and have no right in the property. The claim of the 1st defendant is that the plaint suit schedule property is his exclusive property. It was pleaded that an extent of Ac.1.75 cts. in Sy. NO.196 was purchased in the name of 1st defendant under a registered sale deed dated 16-6-1971; the entire sale consideration was contributed by plaintiffs father-P. Dasappa Mudali, Kuppuswamy Mudali - father of defendant No.3 and Govindaswamy Mudali-father of defendant No.2 and by the 1st defendant; all others are illiterate except knowing to sign in Tamil and 1st defendant was only literate. The property was purchased for construction of cinema theatre. On such purchase the father of the plaintiff and respective fathers of defendants 2 and 3 have jointly mortgaged the land along with their private properties in the State Bank of India, Puttur branch and availed loan of Rs.94,000/for construction of theatre which was commenced in the year 1972. All the above said persons jointly borrowed the amount from Bhagyalakshmi Finance and Jayalakshmi Finance Corporation for the purpose of construction of theatre. On completion of construction of the theatre, business was commenced by exhibiting films in the year 1978. The 15t defendant was managing the theatre and discharging the debts borrowed from the Financial Corporations from out of the income derived from the theatre. While the matter stood thus, father of the plaintiff along with other partners including the 1 5t defendant jointly sold a portion of the land in Sy. No.196 under 13 registered sale deeds under Exs.A-9 to A-21 and realized a sum of Rs.1,00,000/-; out of the said sale consideration, Rs