TILAK KUMAR Vs. SH SHAM LAL KAPUR

JUDGEMENT

(1.) The plaintiffs are sons of late Sh. Faqir Chand and have filed a suit for accounts, recovery of profits and for permanent injunction. The plaintiffs were resident in USA. According to the plaintiffs the defendant was working with their father late Sh. Faqir Chand who passed away on 30.12.1983. The defendant was assisting the late Sh. Faqir Chand in running the business of Tilak Hosiery at B-2, Kothalia Building, Connaught Place, New Delhi. The plaintiffs claimed that the defendant took advantage of the absence of the plaintiffs from India as also the advanced age of their father. On the demise of their father when the plaintiffs came to India the defendant claimed that a partnership had been set up between the late father of the plaintiffs and the defendant in 1978 whereby the defendant had 50 per cent share in the profit and loss of the firm. It may be noticed that the business premises were tenanted in the name of the late father of the plaintiffs.

(2.) The plaintiffs thus claimed renditions of accounts of the business of Tilak Hosiery and a permanent injunction restraining the defendant from delivering possession of the tenanted premises.

(3.) The defendant set up the partnership deed as a defence as also an alleged Will of the late father of the plaintiffs.