SHANTAPPA Vs. IRAPPA SHANKARAPPA

JUDGEMENT

(1.) THIS regular second appeal is directed against the concurrent findings recorded by both the Courts below decreeing the suit filed by the plaintiffs-respondents 1 to 4 herein.

(2.) APPELLANT was the 1st defendant and 5th respondent was the 2nd defendant. The suit was filed for taking the accounts of the dissolved partnership firm treating the sales of the properties effected by the 1st defendant in favour of the purchasers as not binding on the plaintiffs and for a decree for the amount found due to the plaintiffs.

(3.) IT is not in dispute that pursuant to the agreement, a power of attorney came to be executed by the owners in favour of the 1st defendant. A sum of Rs. 2,02,000/- was paid by plaintiffs 1 and 2 and defendants 1 to 3 to the owners on the date of agreement. As they faced financial difficulty, all of them together approached the 3rd plaintiff to join the venture by contributing financially. Accordingly, 3rd plaintiff contributed Rs. 80,000/- on 11-9-1988 which is evidenced by a document produced and marked at Ex. P. 85. As per the plaintiffs, further payments were made to the landowners in between 1988 to 1992.