MOHD. AMIN KHAN Vs. ALTAF KHAN

JUDGEMENT

(1.) THIS is a revision by the plaintiffs against the appellate order by which the interim injunction granted in their favour by the trial Court has been vacated.

(2.) HAYAT Khan started the business of a soda factory at Khandwa. He died in May, 1973 leaving behind his two sons Altaf Khan and Iqbal Khan. Altaf Khan was a Government teacher. The name of Iqbal Khan was mutated in Government records in place of his father as owner of this factory. Iqbal Khan died in the year 1988. The plaintiffs are his sons. Their uncle Altaf Khan is the defendant, who retired form Government service in the year 1987.

(3.) THE defendant's case is that though he was Government teacher he was helping his father in this business. After the death of Hayat Khan this business was inherited by his two sons who carried it on the partnership. After the death of Iqbal Khan, the defendant became exclusive owner of the shop.