S.P. Khare, J.

1. This is a revision by the plaintiffs against the appellate order by which the interim injunction granted in their favour by the trial Court has been vacated.

2. Hayat Khan started the business of a soda factory at Khandwa. He died in May, 1973 leaving behind his two sons Altaf Khan and Iqbal Khan. Altaf Khan was a Government teacher. The name of Iqbal Khan was mutated in Government records in place of his father as owner of this factory. Iqbal Khan died in the year 1988. The plaintiffs are his sons. Their uncle Altaf Khan is the defendant, who retired form Government service in the year 1987.

3. The plaintiff's case was that this business of the Soda factory was gifted by Hayat Khan to his younger Son Iqbal Khan before his death. Iqbal Khan became the exclusive owner of the Soda Factory which was later named as 'Aab-E-Hayat Cold Drinks". The defendant by his latter dated 11.4.1974 addressed to the Sales Tax Officer, Khandwa acknowledged that his brother Iqbal Khan is the owner of the shop. In this letter, Altaf Khan has specifically mentioned; "I have no share in it."

4. The defendant's case is that though he was Government teacher he was helping his father in th