RAMAN KHANNA Vs. SHAM KISHORE KHANNA

JUDGEMENT

(1.) BOTH the applications titled above are being decided by this order.

(2.) PRECISELY, the dispute inter-se the parties is that there is a joint property known as 'prince of Wales', Regal Building and annexe situated in Lakkar Bazar, Shimla. Plaintiffs and proforma defendant No. 9 claimed 51. 04% share in the said property as co-owners and alleged that the defendants No. 1 to 3 have 26. 04% share and defendants No. 5 to 8 have only 6. 25% shares.

(3.) IN short, the case of the plaintiffs, as averred in the plaint, is that the defendants aforesaid were having more share in their possession wherein they were running commercial activities whereas the plaintiffs were deprived of their shares, thus restricted their claim to three years and claimed an amount of Rs. 15,00,000/- from the defendants as damages/mesne profit for use of excess share with interest.