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2004 Supreme(Del) 757

VIKRAMAJIT SEN
SUBHASH CHANDER AHUJA – Appellant
Versus
ASHOK KUMAR AHUJA – Respondent


Advocates Appeared:
A.K.Singla, Aly Mirza, ILA KAPUR, Navin Chawla, Pankaj Gupta, SANDEEP SETHI

VIKRAMAJIT SEN, J.

( 1 ) IN this Suit the Plaintiff has prayed that four instruments, being two Gift Deeds and two Relinquishment Deeds, all dated 27th february, 2002 be declared void and cancelled and be delivered to the Plaintiffs; and for the issuing of a Perpetual Injunction restraining Defendant No. 1 from dealing in any manner with the properties covered by these four Deeds. Plaintiffs No. 1 and 2 and defendant No. 1 are real brothers and the aforementioned Deeds have the effect of conveying/transferring properties by these plaintiffs to Defendant No. 1. The Plaint has been filed on 16th October, 2003, almost twenty months after the execution of these documents.

( 2 ) LEARNED counsel for Defendant No. 1 has strongly contended that there are various inconsistencies, of great import, in the sequence of events narrated in the Plaint and in documents, and in the arguments put forward on behalf of the Plaintiffs. Broadly stated the Plaintiffs narration of events is that whilst all four documents were signed and executed on 27th February, 2002, a misunderstanding had occurred on that date itself and therefore the documents ought not to have been accorded registration under the Reg










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