JUDGMENT

S.N. Variava, J.-1. Leave granted.

2. Heard parties.

3. Briefly stated the facts are as follows:

One Lt. Dina Nath Ahluwalia filed Suit No. 2248 of 1985, against Respondents 7 to 9 (herein). In the suit the said Lt. Dina Nath Ahluwalia claimed that he has become the absolute owner of the Annexe Building on land measuring 163 Sq. Metres in No. 6, Friends Colony (West), New Delhi together with easementary rights and passages. The claim to ownership was based on a Will dated 28th August, 1984 executed by the then owner of the property one Rajeshwari Devi. Respondents 7 to 9 claimed to have inherited this property through the same Smt. Rajeshwari Devi but by a Will dated 23rd May, 1982.

4. An interim application seeking an injunction against Respondents 7 to 9 restraining them from transferring or alienating the annexe in question was also filed. Initially, an order of status quo came to be passed. Pending this application (and the suit) Respondents 7 to 9 sold this property to the Appellant (herein) by a Conveyance dated 25th September, 1986. The said Conveyance, inter alia, provides as follows:

"(E) The said entire property at present suffers from the following encumbrances :-