SHAM LAL KAPOOR Vs. TILAK KUMAR VADHERA

JUDGEMENT

(1.) BY the present common decision the above-captioned appeals are being disposed of. Since FAO(OS) No.253/1998 and RFA(OS) No.4/1999 are being allowed, learned counsel for the appellant states that FAO(OS) No.585/2006 may be dismissed as not pressed.

(2.) ACCORDINGLY, we record at the outset that FAO(OS) No.585/2006 is dismissed as not pressed.

(3.) RENDITION of Accounts was sought for by the respondents pertaining to the business of Tilak Hosiery conducted from Shop No.2-B Connaught Place, New Delhi on the plea that their late father Faqir Chand Vadhera was the sole proprietor of the business and that the deceased appellant was an employee and had usurped the business. The decree for permanent injunction pertained to the possession of the shop, which was admittedly under the tenancy of late Sh.Faqir Chand Vadhera. As per the probate petition filed by the deceased appellant, late Sh.Faqir Chand Vadhera and he were the two partners carrying on business under the name and style Tilak Hosiery and that under the Will and the codicil late Sh.Faqir Chand Vadhera had bequeathed the tenancy rights to him and had also bequeathed the annexe portion of a building popularly known as Tilak Building, Satdhara Road, Dalhousie, Himachal Pradesh. Under the Will, the interest of Faqir Chand Vadhera in the partnership also stands bequeathed to the deceased appellant.