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2002 Supreme(Del) 1834

C.K.MAHAJAN
SAIF UL ISLAM COMPANY,L. P. – Appellant
Versus
ROSHAN LAL ARORA – Respondent


Advocates Appeared:
Rajat Aneja, S.K.Bhaduri, SARAT CHANDRA

C. K. Mahajan, J.

( 1 ) THIS application has been filed by the plaintiff under Order 6 Rule 17 for amendment of the plaint.

( 2 ) THE plaintiff has filed the suit for specific performance of agreement to sell dated 5th December, 1995 for sale of godown at ground floor in property No. T-222, measuring 9 x29 , out of 68 sq. yds. situated at Ahata Kedara, Delhi with defendant no. 1.

( 3 ) IT is stated that till the filing of the suit the occupation of the aforesaid godown was with defendant No. 1 who was running his own business of fireworks, charcoal etc. Thereafter possession was transferred to defendant No. 2 Mohd. Naeem. The plaintiff alleges that by 15th November, 1996 he had not known as to what is the real status of Mohd. Naeem, defendant No. 2 in acquiring possession of godown. It is alleged that the defendants filed their written statements and took common defence that the suit property was transferred on 10th September, 1996 to defendant No. 2 through usual registered and unregistered documents by defendant no. 1; the consideration amount for sale of godown was Rs. 45,000/ -. It is alleged that the property of plaintiff namely Almirah containing his gas cylinders etc. in pos


















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