JUDGEMENT
M.DURAISWAMY, J. -
(1.)THE Civil Revision Petition in C.R.P.(MD)No.1687 arises against the fair and decreetal order passed in in I.A.No.210 of 2013 in I.A.No.1172 of 2012 in O.S.No.588 of 2012, on the file of the I Additional District Munsif Court, Tirunelveli. The Civil Revision Petition in C.R.P.(MD)No.1688 of 2014 arises against the fair and decreetal order passed in I.A.No.656 of 2013 in O.S.No.588 of 2012,on the file of the I Additional District Munsif Court, Tirunelveli. Both the Civil Revision Petitions have been filed by the defendant in the suit.
(2.)THE plaintiff filed the suit in O.S.No.588 of 2012 for declaration that the plaintiffs as partners of the deed of partnership dated 01.04.1994 are entitled to participate in the administration of the Hotel Arunagiri and for permanent injunction restraining the defendant from interfering with the same.
(3.)IN the plaint the plaintiffs have averred that the plaintiffs, the defendant and their father were partners in the Hotel Arunagiri situated in Tirunelveli Junction. The partnership deed was executed on 01.04.1994. All the six partners had 1/6th share in the partnership business. The plaintiffs' father died on 28.04.2009. The hotel was managed and administered by the plaintiffs' father in a disciplined manner till his death. The defendant being the eldest of the family wanted to take the administration of hotel Arunagiri by saying that he will be following the foot of his father. It was resolved by all the brothers that the day -to -day collection money from the hotel should be deposited on the next day into the hotel current Account in the Indian Overseas Bank, Tirunelveli Junction. The plaintiffs reposed confidence with the defendant and believed that he would never be detrimental to the smooth running of the business.
Thus the hotel administration was taken over by the defendant on 20.06.2009. But unfortunately, he had not deposited the day -to -day collection money into the deposit as agreed. The defendant had fraudulently signed and issued a cheque for Rs.10,00,050/ - dated 17.06.2010 of hotel Arunagiri in favour of his son without the knowledge and consent of the other partners. The first defendant had no authority whatsoever to give the hotel money to his son. The said money was not yet repaid neither by the defendant nor by his son into the hotel accounts. This is a clear case of misappropriation of common fund. The defendant is keeping the hotel account books with him and he is continuously taking the day -to -day collection money to home high handedly.
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