SYED ZAKIRALI Vs. SYED ZAHIDALI AND OTHERS

JUDGEMENT

(1.) Heard Shri Syed Zakirali S/o Syed Jawarali, appellant in person and Shri G.S. Bapat, Advocate with Shri R.M. Pande, Advocate for the respondent No.1.

(2.) The appellant/original plaintiff has challenged the judgment and decree passed by the trial Court by which the civil suit filed by the plaintiff is dismissed. In the civil suit the plaintiff prayed for decree for permanent injunction restraining the defendants from passing off their goods as those of the plaintiff's by imputation of that of plaintiff's goods. The plaintiff prayed for decree for delivery of the goods in question for destruction. The plaintiff prayed for decree of accounts of the profits made by the defendants by wrongfully passing off the goods. The plaintiff prayed for other reliefs also.

(3.) Haji Syed Jawarali (plaintiff's father) and the plaintiff executed an indenture dated 26th October, 1960 to carry on the business in copartnership in the name and style "Suratee Tobacco Company". By this indenture the plaintiff and his father agreed to admit defendant No.2 Syed Zahidali (plaintiff's step brother) to the benefits of the partnership. At that time, the defendant No.2 was minor. As per the indenture, the respective shares of the parties in the profits of the business were as follows: