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1972 Supreme(SC) 267

A.N.GROVER, G.K.MITTER, K.S.HEGDE
Gauri Shanker – Appellant
Versus
Hindustan Trust Private LTD. – Respondent


Judgment

GROVER, J.:- These two appeals by special leave are from a judgment of the Delhi High Court.

2. It appears that one Manohar Lal was the owner of the premises in dispute situate in Kishangunj, Delhi. He died leaving behind him his brother Krishan Lal and two sons Hari Shanker and Gauri Shanker. In June 1943, Krishan Lal let out the premises to Hindustan Trust Pvt. Ltd. of which he was the Managing Director from 1943 to 1952. In 1947 Krishan Lal filed a suit for partition in Agra Court against his nephews Hari Shanker and Gauri Shanker. In 1952 Krishan Lal became the Chairman of the Board of Directors of the respondent company. His son-in-law D. Sanghi become the Managing Director. On March 21, 1952 a compromise was effected in the suit for partition. The virtue of that compromise Gauri Shanker - the present appellants -was declared to be the owner of the property in dispute and he was held entitled to realize its rent with effect from January 1, 1958. The deed of compromise was signed by Krishan Lal and all the other parties concerned. On May 26, 1958 a decree was passed in accordance with the compromise. On June 12, 1958 the appellant gave notice to the respondent company to

















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