MEHRUNISHA Vs. LEGAL REPRESENTATIVES OF MANSUR AHMAD

JUDGEMENT

(1.) By way of filing this Civil First Appeal under Sec. 96 CPC, the appellants seek to challenge the judgment and decree dtd. 28/10/2004 passed by the learned Additional District Judge (Fast Track) No. 2, Jodhpur in Civil Original Suit No. 85/2003 (Old No. 35/1997), titled Mehrunisa and Others vs. Rahmat and Others, whereby the learned Trial Court has partly dismissed the suit filed by the plaintiffs.

(2.) The breif facts of present case is that the respondents-plaintiffs instituted a suit on 21/5/1997 before the trial court seeking accounts, rendition of accounts, recovery of rent and a decree of permanent injunction, asserting that both the plaintiffs and defendants Nos. 1 to 4 are the legal heirs of deceased Nyaz Mohammad and that, as per para 4 of the plaint, the brief particulars of the said properties, according to the plaintiffs/appellants, are as follows: (A) Property No. 01 - 'Nyaz Building,' Nai Sadak, Jodhpur, comprising House No. 04 along with the adjoining open land and Shop Nos. 09, 10 and 11.

(3.) That apart from these immovable properties, deceased Nyaz Mohammad also left other movable assets including the partnership firm Nyaz and Company, with respect to which no accounts were ever furnished, though the plaintiffs are entitled to their share; further, the plaintiffs claimed entitlement to half share in the business assets and profits of Quality Dyeing and Chemical Store, presently run by Mansoor Ahmed and his sons under the name 'Quality Shoes,' for which accounts should also be rendered.