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2007 Supreme(AP) 543

G.V.SEETHAPATHY
RAMA MAHAL, SRIKALAHASTHI – Appellant
Versus
R. RAJASEKHAR S/O LATE R. DORASWAMY – Respondent


( 1 ) THESE two appeals are directed against the judgment and decree dated 5. 3. 1999 in OS No. 36 of 1997 on the file of the Senior Civil Judge, srikalahasthi, wherein the suit filed by the respondent herein for recovery of rs. 2,50,000/- with interest at 24% per annum was decreed and the counter claim made by the appellants herein to pass a decree in their favour for a sum of rs. 1,05,526/- was dismissed. As the two appeals arise out of the same judgment and decree and between the same parties, they are heard together and they are being disposed of this common judgment.

( 2 ) THE respondent-plaintiff in both the appeals, filed suit OS No. 36 of 1997 with the following averments: the plaintiff was carrying on business in exhibition of motion pictures. The first defendant is the partnership firm for which the 2nd defendant is the managing Partner and defendants 3 to 5 are the partners. The 3rd defendant is the wife, defendants 4 and 5 are the sons of 2nd defendant and they constituted joint Hindu family. On 30. 6. 1994 the plaintiff entered into an agreement of lease with the defendants 2 to 5 representing the first defendant firm for the purpose of screening and exhibiting motion























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