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2001 Supreme(Del) 1784

V.S.AGGARWAL
ATTAR CHAND JAIN – Appellant
Versus
SUDHIR KUMAR JAIN – Respondent


Advocates Appeared:
H.L.Kapur, ISHVAR SAHAR, Lina Tuteja, S.K.TRIPATHI

V. S. AGGARWAL

( 1 ) IN pursuance of the auction purchaser (Attar chand Jain) having been successful purchaser of the property in question, he has preferred the application, alleging that the sale in his favour was confirmed on 12. 2. 1999. The property is stated to be in occupation of Surender Kumar Jain and Devinder kumar jain (for short "the Objectors") or on behalf of judgment debtors by Sunil Kumar Jain and Sanjay Kurnar jain (sons of Surender Kumar Jain), it is prayed that warrants of possession should be issued for delivery of the physical possession of the suit premises to the auction purchaser.

( 2 ) IN reply/objections filed, it has been alleged that the property in dispute had been purchased by lala Ram Chand. On the ground floor, the business was started under the name and style of M/s. Kedar Nath Ram chand. The said business was dissolved on Asad Sadi 12, Samvat 1998 (equivalent to 6. 7. 1941 ). Thereafter, nem Chand and Moti Lal started a partnership business under the name and style of M/s. Nem Chand and Brothers in this very shop. The property was let by Ram Chand @ Rs. 25. 00 per month. The business of M/s. Nem Chand and brothers was subsequently dissolved on 8. 7.


















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