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2015 Supreme(SC) 242

V.GOPALA GOWDA, R.BANUMATHI
DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
GAURAV KUKREJA – Respondent


Judgment

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the order dated 15.07.2010 passed by a Division Bench of the High Court of Delhi, dismissing the Letters Patent Appeal No.466 of 2010, holding that respondent is entitled to be taken as a Power of Attorney holder and is thereby entitled to get the suit property converted from leasehold to freehold.

3. Brief facts of the case which led to the filing of this appeal are as follows:-The property which is sought to be 1 converted is comprised in Plot No.N-73, Panchsheel Cooperative House Building Society Ltd, New Delhi. DDA executed perpetual sub-lease deed dated 16.08.1967 in respect of the suit property in favour of one Sh. Jan Talwar (Defendant No.1 in the original suit). Jan Talwar by an agreement to sell dated 10.6.1986, agreed to sell the suit property to Mrs. Raymen Kukreja for a sale consideration of Rs.20,50,000/-. Jan Talwar, in respect of the same suit property, also executed a General Power of Attorney dated 10.06.1986 in favour of Lekh Raj Kukreja-husband of vendee i.e. Mrs. Raymen Kukreja. The cause of action arose in the year 1989, when Jan Talwar refused to execute the sale deed, even after receiving the c

































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