The plaintiffs/appellants filed a suit for partition and for accountancy alleging that the plaintiffs had a half share in the suit property. It is alleged that the plaintiff’s husband and the defendants were co-owners and that in the suit property, a hotel under the name of Hill Way and a school under the name of North Point was running. Further there were various tenants in various portions of the property which were fetching rent. It is alleged that the defendants were not giving the share of the rent and income to the plaintiffs and consequently, the suit was instituted.

2. Alongwith the suit the plaintiffs also filed an application under Order 39 Rule 1 and 2 C.P.C. for grant of a temporary injunction. The plaintiffs also filed an application under Order 40 Rule 1 of the Code of Civil Procedure for an appointment of a receiver.

3. Both the applications were resisted by the defendants admitting that the property was ancestral in nature and that the plaintiff’s husband had made an oral gift, gifting the land and building to the defendants. This oral gift was subsequently reduced in writing on 1st March, 1991. The defendants further contended that the hotel was being run