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1994 Supreme(SC) 1237

A. M. AHMADI, B. P. JEEVAN REDDY, S. MOHAN
Sankara Hali And Sankara Institute Of Philosophy And Culture – Appellant
Versus
Kishori Lal Goenka – Respondent


ORDER

1. The property in question is a two-storeyed building, each floor admeasuring about 2300 square feet, there being six rooms on the ground floor. This property originally belonged to one Amar Chand Gangwal. The said Amar Chand Gangwal inducted the respondent Kishori Lal Goenka as a tenant in respect of the second floor of the building. Later on, the said Amar Chand Gangwal sold one-half undivided share in the property to Kalyan Chand and the other one-half share to Surender Kumar. In June 1961, a tenant was inducted in the first floor of the property also. It appears that Surender Kumar executed a document styled "declaration-cum-release deed" in favour of the partnership firm of M/s Ratan Lal Bansi Lal. By that document the executant Surender Kumar admitted the fact that he was the benamidar of one-half share in the property conveyed by Amar Chand Gangwal under a deed of conveyance dated 7-11-1950 and that the consideration for the purchase of one-half share was actually paid by the aforesaid firm of which his father was a partner. After execution of this document, the appellant herein entered into an agreement with the firm for the purchase of one-half share which it had de






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