ISLAM Vs. NAFISA BEGUM

JUDGEMENT

(1.) THE present appeal is directed against order dated 14th January, 2005 whereby application of the appellant, Mr. Mohd. Islam, under Section 144 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) was dismissed.

(2.) SHOP No. 3686, Phool Mandi, Darya Gang, Delhi (hereinafter referred to as the property) was taken on rent by the great grandfather of the appellant late Mr. Sheikh Kalian. After his death, his two sons Mr. Abdul Majid and Mr. Abdul Gaffar inherited the tenancy right in the property. They have also expired.

(3.) IT appears that the appellant and Mr. Haji Allahwala, father of the respondents continued to do business. Mr. Haji Allahwala too expired in the year 1995. Thereafter the appellant as legal heir of Mr. Abdul Salam and Ms. Nafisa Begum and Mr. Mohd. Quddus, as legal heirs of Mr. Haji Allahwala, (hereinafter referred to as the respondents), continued to carryon and do business in partnership on the same terms and conditions as mentioned in the partnership deed dated 20th Oct., 1987.