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2024 Supreme(SC) 249

VIKRAM NATH, AHSANUDDIN AMANULLAH
Jugal Kishore Khanna(D) Thr Lrs – Appellant
Versus
Sudhir Khanna – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Arjav Jain, Adv. Ms. Ishita Kadyan, Adv. Mr. Chander Shekhar Ashri, AOR
For the Respondent(s): Mr. S.C. Singhal, Adv. Ms. Megha Gaur, Adv. Mr. Vibhav Mishra, Adv. Mr. Parmanand Gaur, AOR Mr. Tushar Bakshi, AOR

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

1. Heard learned counsel for the parties.

2. The challenge in the present appeals is to the common Judgment and Order dated 06.12.2013 (hereinafter referred to as the “Impugned Judgment”)1 [2013 DHC 6299 : 2013 SCC Online Del. 4916] passed by a learned Single Judge of the High Court of Delhi (hereinafter referred to as the “High Court”), wherein the appeal filed by the respondent no. 1 in respect of the Kamla Nagar property2 [Defined Infra] i.e. RFA No. 439 of 2008, has been allowed and the appeal filed by the appellants in respect of the Malcha Marg property3 [Defined Infra] i.e. RFA No. 483 of 2008, has been dismissed.

FACTS IN BRIEF:

3. The parties are common descendants of Late Shri Tek Chand Khanna (hereinafter referred to as “TCK”), who had two sons, Shri Roop Kishore Khanna (hereinafter referred to as “RKK”) and Shri Attar Chand Khanna (hereinafter referred to as “ACK”). The appellants are descendants of RKK whereas the respondents are the successors of ACK. In the year 1941, RKK purchased a piece of land admeasuring 344 square yards and bearing No. 15-D, Kamla Nagar, Delhi-110007 (hereinafter referred to as the “Kamla Nagar property”) in the n

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