TALHA NASIR Vs. HASHIMUDDIN

JUDGEMENT

(1.) BY this order, I shall dispose of the above three applications. The first application IA No. 8540/2006 under Order 39 Rules 1 and 2 CPC has been made by the plaintiffs seeking an ad interim injunction restraining the defendants from getting the tenancy in respect of Premises No. 1466-1467, Chitli Qabar, Jama masjid, Delhi-110 006 transferred in their name or in the name of any third person and also for restraining the defendants from selling, transferring, alienating or creating any third party rights in the properties of the partnership firm, the details of which are provided in Annexure-B, during pendency of the instant suit. The second application IA No. 8542/2006 is under order 40 Rule 1 read with Section 151 CPC filed by the plaintiffs for appointment of a Receiver qua the businesses of the partnership firm "shirin bhawan" being run at Premises bearing No. 1466-1467, Chitli Qabar, Jama Masjid, delhi-110 006 and No. 5 and 6 Main Road Zakir Nagar, Delhi. The third application being IA No. 10196/2006 under Order 39 Rule 4 CPC has been made by the defendants No. 1, 2 and3 praying inter alia that the ex parte order granted in favour of the plaintiff on 3rd August, 2006 be vacated.

(2.) THE facts relevant for purpose of deciding the above applications are that the husband of the plaintiff No. 2 (father of plaintiff No. 1) was a partner in a partnership firm known as "shirin Bhawan". This partnership firm was doing business of manufacturing and sale of sweets and allied products at 1466-1467, chitli Qubar, Jama Masjid. The plaintiffs claimed that the said firm came into existence on 10th January 1994 by way of a partnership between Mr. Nasruddin and defendants No. 1 and 2. Mr. Nasruddin had a share of 35% in the said firm. Nasruddin died on 4th July 2005. After death of Mr. Nasruddin, the other two defendants along with other family members wanted to forcibly dispossess the plaintiffs (son and wife of Nasruddin) from the properties/assets individually owned by Mr. Nasruddin and they also wanted to deprive the plaintiffs of their legitimate rights in the properties/business left behind by Mr. Nasruddin. In schedule B to the plaint, plaintiffs had given list of the properties as under:-1. Tenancy premises No. 1466-1467, Chitli Qabar, Jama Masjid, Delhi " 110 006 2. Premises bearing No. 1463, 1468, 1469, 1470 and 1479 Gali Sayeed Rafai, Delhi " 110 06

(3.) PREMISES at 5 and 6 , Main Road, Behind Jama Masjid, Zakir Nagar, Delhi