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1997 Supreme(Del) 328

B.K.RAMAMOORTHY
RAJ KISHAN DASS – Appellant
Versus
KUSUM SANGHI – Respondent


Advocates Appeared:
A.S.CHADHA, ARUN MOHAN, M.G.RAMA CHANDRA RAO, P.NAGESH

K. Ramamoorthy,j.

( 1 ) THE plaintiff has filed the suit for mandatory and permanent injunction against the defendants. The dispute relates to the ground floor and the basement of premises bearing No. 9. Western Avenue, Maharani Bagh, New Delhi. The case of the plaintiff is that with reference to the land, a perpetual lease deed was executed in favour of the plaintiff by the Society in which the plaintiff was a member on 11. 01. 1982. The plaintiff is residing at No. 3, Pusa Road, New Delhi. The defendant No. 1 is the elder sister of the plaintiff. The defendant No. 1 was residing in No. 4, Ring Road, Kilokri, New Delhi, which is very near to the suit land. Husband of the first defendant died in 1982. After the death of her husband the first defendant started living with her daughter Mrs. Priya Gupta who was married in 1994 at E-279, East of Kailash, New Delhi. The plaintiff applied for sanctioning of the plan and the plan was sanctioned on 28. 10. 1994. The plaintiff started construction as per the plan sanctioned by the authority in or about November/december 1994. A basement, ground floor, first floor and Barsati floor had been put up. The C form was granted on 23. 09. 1995 and

















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