LAWS(DLH)-2012-10-293

SHIV SAHNI Vs. ISHERDAS SAHNI AND BROTHERS

Decided On October 31, 2012
Shiv Sahni Appellant
V/S
Isherdas Sahni And Brothers Respondents

JUDGEMENT

(1.) The present suit has been filed by the plaintiff, inter alia, seeking a decree declaring the letters dated 31st December, 2010 and 1st March, 2011 as null and void. A decree of permanent injunction restraining the defendants jointly and severally through themselves or their legal heirs, servant, agents or employees from interfering with the partnership rights of plaintiff in defendant No.1 in accordance with partnership deed dated 1st November, 2002 and 5th January, 2004 and also a decree of rendition of accounts. The plaintiff is one of the partners of the defendant No.1 Partnership Firm having a business of running cinema theaters. The plaintiff became the partner of the said firm after the death of his father with consent of all the legal heirs of Sh.Krishan Lal Sahni vide Partnership Deed dated 1st November, 2002. Along with the suit, the plaintiff has also filed an I.A. No.4724/2011 wherein the plaintiff has sought the injunction against the defendants.

(2.) The defendants No.2 to 7 are the other partners of defendant No.1-firm. Defendant No.8 had expired. Mrs.Gita Talwar has been partner in her place. Defendants No.9 to 11, i.e. Mr.Jayant Sahni, Mrs.Neena Sahni and Mrs.Renee Khanna are the brother, mother and sister of the plaintiff and they were impleaded as defendants vide order dated 23rd March, 2011.

(3.) Brief factual matrix of the matter leading up to filing of the instant suit and the present applications can be enunciated as under: