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2019 Supreme(SC) 2291

S. ABDUL NAZEER, SANJIV KHANNA
Raj Kumari – Appellant
Versus
Surinder Pal Sharma – Respondent


Advocates Appeared:
Mr. Rajesh Srivastava, Advocate Mr. Pramod Kumar Ahuja, Advocate Ms. Suresh Kumari, Advocate for the Appellant; Mr. S.B. Upadhyay, Advocate Mr. Kushal Kumar, Advocate Ms. C. Rubavathi, Advocate Mr. Harsh Ahuja, Advocate Mr. Nishant Kumar, Advocate Mr. M. A. Chinnasamy, Advocate for the Respondent

ORDER

1. Leave granted.

2. On account of migration to Delhi on partition, Harbans Lal being a displaced person had vide application dated 13.04.1958, marked as Exhibit DW-1/P-3, applied for a two room accommodation at Gur Mandi, Civil Lines, Delhi with the Municipal Corporation of Delhi. This application records that Harbans Lal was a shopkeeper, Suhagwanti was his wife and Madan Lal, Puran Kumari, Surinder Kumar and Baby were his children. Madan Lal was described as being in service and all other children were described as dependants.

3. Harbans Lal died in 1965.

4. On 15.03.1972, Suhagwanti Devi, being the wife of late Harbans Lal, was issued allotment letter for duplex type tenement under the Redevelopment Scheme at Gur-ki-Mandi for Rs. 14,325/-, which amount was payable in 20 equal annual instalments with interest at the rate of 5% per annum and on default, penal interest at the rate of 8% per annum. Collection charges at the rate of 24% were also payable. The allotment letter had a stipulation that the allottee would have to surrender vacant possession of Quarter No. 27 New Padam Chand Land within 3 days. The allotment letter though not a marked Exhibit is an undisputed docume

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