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1943 Supreme(Mad) 340

KUPPUSWAMI AYYAR
S. Venkataratnam – Appellant
Versus
Y. Venkataratnam – Respondent


JUDGMENT

Kuppuswami Ayyar, J.

1. This appeal arises out of a suit for settlement of accounts and for recovery of the plaintiffs one-fifth share. The appellant is defendant 1. He along with defendants 5 and 6, had obtained certain lands on lease from the Government on 11th September 1918 for a period of 25 years for the purpose of manufacturing salt. Subsequently, on 17th November 1918, there was an agreement between the plaintiff in the suit and defendant 1 under which it was agreed that the plaintiff should have one-fifth share out of the one-third share which defendant 1 had in the business, and subject to the terms of the lease deed and the conditions which the Government and its officers might lay. In accordance with the said agreement defendant 1 agreed that the profits and losses will be borne in the shares as stated above. Subsequently some of the lands demised under Ex. 1 were not suitable for the purpose for which the lease was taken and hence there was a subsequent lease under Ex. 2 for the unexpired portion of the lease term, viz., for a period of 22 years. It is the plaintiffs case that this lease was only a modification of the lease of 11th September 1918 and therefore h





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