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2007 Supreme(SC) 1271

TARUN CHATTERJEE, P.SATHASIVAM
Ram Prakash Gupta – Appellant
Versus
Rajiv Kumar Gupta – Respondent


JUDGMENT

P. Sathasivam, J. —

1.Leave granted.

2.This appeal is directed against the judgment dated 27.4.2006 passed by the High Court of Delhi in Regular First Appeal No. 188 of 2006 whereby the High Court dismissed the appeal filed by the appellant herein. The respondents are the sons of the appellant’s elder brother who died in the year 1986.

3.The brief facts are as under :

In the year 1957, since the appellant was a handicapped person, the father of the appellant purchased a piece of land in the name of and for the benefit of the appellant herein, who was minor at that time by way of registered sale deed dated 02.09.1957. The father of the appellant died in the year 1965 and at the time of his death, the plot underneath the house in question was lying vacant. The appellant was actively engaged in the business, therefore, in the year 1966 he raised a full fledged 3 storey house on the said plot with his funds. Moreover, a loan of Rs.30,000/- was also taken from the Life Insurance Corporation by the appellant for construction of the house and later on it was repaid. After constructing the house, the first floor of the building was let out to one Aseema Architect by the appellant in t






































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