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2017 Supreme(Mad) 1184

P.KALAIYARASAN
S. P. Muthiah – Appellant
Versus
R. Ethiraju – Respondent


Advocates Appeared:
For the Plaintiff : Mr. K.V. Sundararajan.
For the Defendants : Mr. M. Balasubramanian.

JUDGMENT :

This suit is for the dissolution of the partnership firm carried on by the plaintiff and defendant under Partnership Deed, dated 13.12.2001, for rendition of accounts and for permanent injunction.

2. The plaint averments are as follows :

(i) The plaintiff and defendant entered into a partnership agreement, dated 13.12.2001 in respect of carrying out construction activity in premises bearing Nos.13 and 15, Poes 3rd Street, Teynampet, Chennai-18. As per the agreement, the plaintiff invested a sum of Rs.15,37,000/-. The profit and loss has to be shared at the rate of 50:50 basis. The defendant has to take care of the construction work and he should ensure that the cost of construction should not exceed Rs.500/- per sq.ft. The planning permission and other statutory permission and connections like TNEB, Metro water, Sewerage Board have to be taken care by the defendant. Though the defendant was authorised to negotiate and arrive at the sale price, the same has to be finalised only after the confirmation and acceptance by the plaintiff.

(ii) The defendant had completed the construction and sold the constructed flats to various third parties over a period of time. Even as late as
































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