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2005 Supreme(Del) 875

SANJAY KISHAN KAUL
KAMAL GUPTA – Appellant
Versus
UMA GUPTA – Respondent


Advocates Appeared:
BASANT AGARWAL, D.K.MALHOTRA, N.KUMAR, P.L.BHANDARI, RAJESH MALHOTRA

SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for declaration and injunction in respect of the property bearing No. F-9, hauz Khas Enclave, New Delhi. The plaintiff claims to be a joint owner of the said property to the extent of one- half share with defendant No. 1. The plaintiff is stated to be medical practitioner settled in United Kingdom for the last several years. The plaintiff and defendant No. 1 are stated to have purchased the property in question in pursuance to five sale Deeds from the Vendors in respect of one-fifth undivided share each. The sale consideration was paid both by the plaintiff and defendant No. 1. In 1988, on one of the visits of the plaintiff to India, defendant no. 1 mentioned about certain financial matters to him and the plaintiff offered to execute a Relinquishment deed of his share in the said property. The plaintiff informed defendant No. 1 vide communication dated 16. 03. 1989. The said letter records that the plaintiff had executed a Deed of Relinquishment dated 20. 12. 1988. It is stated that this letter was replied to by defendant no. 1 vide communication dated 03. 04. 1989 expressing her inability to accept the relinquishment or g























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