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2003 Supreme(Del) 579

MANMOHAN SARIN
DEVI RANI – Appellant
Versus
JASWANT SINGH – Respondent


Advocates Appeared:
MANJIT MATHUR, O.P.KHADARIA

Manmohan Sarin, J.

( 1 ) THIS is an application under Order VI Rule 17, read with Section 151 CPC, moved by the plaintiffs for amendment of the plaint. Plaintiffs have filed the above suit to be declared as owners of the property bearing no. 5685, Gali No. 79-80, Reghar Pura, Karol Bagh, New Delhi. The declaration is sought on the basis of a Will executed by the deceased Mai Singh in favour of plaintiffs 1 and 2. Prayer in the suit was for plaintiffs 1 and 2 to be declared as sole owners of the property, debarring defendant not to cause eclipse of the right, title or interest of the plaintiffs in the suit property. An application under Order XXXIX rules 1 and 2, CPC, i. e. I. A. No. 5732/2002 was also moved, wherein it was averred that the defendant had extended threats to vacate the portion under his occupation in the suit property and hand over the same to the defendant s brothers Sh. Balbir singh and Sh. Bhagat Singh. An ad-interim injunction was sought to restrain the defendant from handing over possession of the property in his possession to the aforesaid Balbir Singh and Bhagat Singh and defendant was further sought to be restrained from harassing the tenants and in particula












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