JUDGMENT

Amit Bansal, J. - J. I.A. 721/2018 (O-XIIIA R-2 r.w. O-XII R-6 of CPC)

1. By way of the present judgment, I shall dispose of the application filed on behalf of the plaintiff under Order XII R-6 read with Order XIIIA of the Code of Civil Procedure, 1908 (CPC) seeking relief of possession. Notice in this application was issued on 19th January, 2018 and reply has been filed on behalf of the defendant. Both sides have also filed written submissions along with judgments in support.

2. To appreciate the controversy in the suit, it may be useful to refer to the family structure of late Sh. Sanmukh Singh Batra. Late Sh. Sanmukh Singh Batra had two sons, namely Jaspal Singh Batra and Ravinder Pal Singh Batra. Jaspal Singh Batra has three sons, viz. Harjot Batra, Jaspreet Singh Batra and Gurjot Batra and Ravinder Pal Singh Batra has two sons, being Prabhdit Singh Batra and Hardit Batra.

3. Prabhdit Singh Batra and his brother Hardit Singh Batra are the partners of the defendant firm. At the time of filing of the present suit, the plaintiff company was controlled by late Sh. Sanmukh Singh Batra and after his demise, it appears that the plaintiff company is in the control of the sons of J