Anil Dev Singh, J. (Oral)

( 1 ) THIS is a suit for permanent injunction filed by the plaintiff and against the defendant for restraining the defendant from enforcing the latters demand as per its letters dated April 14, 1986 and May 8, 1986 for payment of 50% of the unearned increase in the market value of the plot No A-63, New Friends Cooperative House Building Society. The facts giving rise to the suit are as follows:-

( 2 ) DIYAL Singh Narag was member of a house building cooperative society known as New Friends Cooperative House Building Society Ltd. , Mathura Road, New Delhi. A perpetual sub-lease deed dated April 23, 1975 in respect of the said plot was executed by the President of India and the Society in favour of Shri Diyal Singh Narag. During his life time he nominated the plaintiff as his nominee in respect of his membership in the Society as also perpetual leasehold rights in the said plot. The name of the plaintiff as nominee of Diyal Singh Narag was entered into the records of the Society. Besides nominating the plaintiff as his nominee, Diyal Singh Narag executed a Will dated November 18, 1978 bequeathing the perpetual leasehold rights in the plot in question in favour

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