ASHOK KUMAR PANDHI Vs. ASHWANI KUMAR PANDHI

JUDGEMENT

(1.) DELAY of 3 days in filing the appeal is condoned. This is plaintiffs second appeal directed against the judgments of the learned trial Court dated 21.11.1998 and the first Appellate Court dated 21.7.2008.

(2.) THE appellants and respondent No. 1 are descendants of one Sham Dass Pandhi whose estate is in dispute. Appellants No. 1 and 2 filed a suit for issuance of perpetual injunction restraining the appellant No. 3 and respondents from carrying on the business of rice shelling, sale of paddy and agriculture products under the name and style of M/s Krishna Rice Mills, Fatehgarh Churian along with rendition of accounts upto 17.2.1989 and the profits earned by them after the death of Sham Lal Pandhi. It was alleged that said Sham Dass Panchi was carrying on the partnership business of the said firm and was having 35% share in the firm. He was allegedly having 35% share in the immovable properties of the said firm and he died on 17.2.1989 leaving behind the parties to inherit his estate in equal shares. It was further alleged that the deceased had a sum of Rs. 1,90,000/- to his credit in the books of account of the firm and after his death the parties were entitled in equal shares to the goodwill, assets and other properties of the firm as per the share of their deceased father and were also entitled to the amount lying to his credit along with the profits earned. Upon notice, appellant No. 3 and respondent No. 2 filed written statement admitting the claim of the plaintiffs/appellants while the suit was contested by respondent No. 1, who set up a Will dated 31.12.1988 to contend that the same was to the exclusion of the appellants and they are not entitled to the relief claimed. Both the parties went to trial on the following issues :- 1. Whether the plaintiffs are entitled to the injunction prayed for ? OPP 2. Whether the plaintiffs are entitled to rendition of accounts of the firm ? OPP

(3.) In appeal, the findings of the learned trial Court were affirmed.