MAHENDRA DAYAL,J. - (1.) Heard the learned counsel for the appellants and perused the record.
(2.) This first appeal arises out of original suit no. 47 of 1989 in which by the impugned order dated 22.02.2006, the trial court has allowed the application moved on behalf of the opposite parties directing the appellants to hand over the vehicles as detailed in the List-C attached with the plaint after taking its possession from the financier, to the opposite party no. 1 Smt. Ghausia Khan. It was also provided in the order that the opposite party no. 1 will be free to deal with those vehicles as per her wishes.
(3.) The respondents in original suit no. 47 of 1989, moved an application under Order 12, Rule 6 and Order 15, Rule 1 CPC. The suit was filed by the plaintiffs-respondents for the relief of injunction and accounting. It was said in the plaint that Mohd. Rafeeq Khan was the owner in possession of the properties mentioned in Scheduled-A attached with the plaint and after his death, his heir inherited the property jointly. Mohd. Rafeeq Khan was carrying on the business of transport with partnership of his son in the name and style of M/s. Hindustan Transport Company. His son Mohd. Shafiq Khan had purchased vehicles mentioned in Scheduled-C attached with the plaint from his own income in his individual capacity. Mohd. Rafeeq Khan had executed a deed of surrender during his life time in respect of the properties mentioned in Scheduled-D attached with the plaint in favour of Mohd. Shafiq Khan. Thus, Mohd. Shafiq Khan became the sole owner of the said properties. The income of the business was being divided between Rafeeq Khan, Shafiq Khan and Raees as per their shares. Since the defendants-appellants were not maintaining proper record of the income derived from the business inspite of demand made by the plaintiffs-respondents, the necessity to file the suit arose with prayer that a decree for permanent injunction be passed restraining them from transferring the property mentioned in Scheduled A, B and C. A prayer for accounting was also made directing them to furnish account of the income derived from the property. A relief for declaration was also prayed to the effect that the plaintiffs-respondents be declared exclusive owner of the properties mentioned in Scheduled C, B and D attached with the plaint.;