K BALAKRISHNAN NAIR Vs. K GOPALAN NAIR
LAWS(KER)-2003-11-27
HIGH COURT OF KERALA
Decided on November 18,2003

K.BALAKRISHNAN NAIR Appellant
VERSUS
K.GOPALAN NAIR Respondents

JUDGEMENT

S.SANKARASUBBAN, J. - (1.) This appeal is filed by the defendants in O.S. No. 2 of 1996 of the Sub-Court, Koyilandy. Respondent is the plaintiff. According to the plaintiff, there was a partnership consisting of the plaintiff and the defendants under the name and style "Udaya Boarding and Lodging". The plaintiff was the Managing Partner. 50% of the share in the Firm was contributed by the plaintiff, 40% of the share was contributed by the first defendant and 10% was contributed by the second defendant.
(2.) According to the plaintiff, the Firm was running smoothly. But by 1991, the defendants obstructed the plaintiff from continuing as Managing Partner, which compelled the plaintiff to retire from the Partnership. According to the plaintiff, he was offered Rs. 9,95,205/- by mediators to be given by the defendants for his retirement from the Partnership. Towards that amount, Rs. 1 lakh was paid on 30-4-1991 and the defendant agreed to deposit the balance amount in the Canara Bank. But the defendants have not complied with. The plaintiff is still continuing as partner of the Firm.
(3.) The plaintiff filed a suit, O.S. No. 169 of 1994 for getting an order of permanent injunction against the defendants. Subsequently, that suit was withdrawn. No amount has been paid to the plaintiff by the defendants so far. The Firm is not properly run by the defendants. The defendants have not paid any share of profit to the plaintiff from 30-4-1991 onwards. The plaintiff is entitled to get back his 50% of share value and his share of profits from 30-4-1991.;


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