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1998 Supreme(Del) 467

D.K.JAIN
SHIKHA PROPERTIES PRIVATE LIMITED – Appellant
Versus
S. BHAGWANT SINGH – Respondent


Advocates Appeared:
J.R.MIDHA, SANDiP SETHI

D. K. Jain, J.

( 1 ) THIS is plaintiff company s application under order 39 Rule 1 and 2 of the Code of Civil Procedure, filed in their suit for declaration and permanent prohibitory injunction, for ad interim orders : a) staying operation of the alleged cancellation of General Powers of Attorney dated 16 November 1983 and b) restraining them from interfering in or causing hindrance in the plaintiff s peaceful use and enjoyment of and their dealing with the suit properties being blocks no. A and C of the Regal Building, New Delhi.

( 2 ) THE defendants owned the aforenoted property. They entered into agreements to sell dated 2 November 1983 and 15 November 1983, registered respectively on 10 November 1983 and 17 November 1984, agreeing to sell and transfer all their rights, title and interest in blocks A and C of the said building to the plaintiff company for consideration as mentioned therein. As per the terms of the agreement to sell, all liabilities for damages/misuse of the property and other Government dues like municipal taxes etc. , claimed by the authorities in respect of the demised blocks were to be discharged by the plaintiff company. It was also agreed that till such tim









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