D.gunasekaran(died) S/o D.v.sami Naidu vs V.shanmugam S/o Venkatasamy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2280

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms.JUSTICE R.N.MANJULA, J
D.gunasekaran(died) S/o D.v.sami Naidu – Appellant
Versus
V.shanmugam S/o Venkatasamy – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.A.S.Vijyaraghavan for Mr.N.P.Kumar
For the Respondent: Mr.C.Kanagaraj for R1

JUDGMENT :

R.N. Manjula, J.

The appellant is the plaintiff, who has filed a suit for partition. The Trial Court had dismissed the suit and the appeal filed by the plaintiff also got dismissed by the First Appellate Court. Hence, the plaintiff has filed this Second Appeal.

2.The short facts leading to the case of the plaintiff, as pleaded in the plaint, are as under:

The plaintiff was involved in hardware and painting business. The defendants had approached the plaintiff to sell the suit property for running a small scale industry. Thereafter, the plaintiff and the defendants jointly purchased the land from plaintiffs' wife Vasantha, through a sale deed dated 18.01.1996. Hence, the plaintiff is entitled to 1/3^rd share in the suit property. A partnership agreement was entered into between the plaintiff and the defendants.

2.1. Before starting the small scale industry the plaintiff got himself released from the partnership by executing a release deed dated 27.11.1996. However, the small scale industry by name 'Sri Lakshmi Narayana Engineering Works' is being run in the suit property by the defendants 1 and 2. As per the release deed the defendants are liable to settle a sum of Rs.2,00,000/