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1996 Supreme(Del) 948

M.K.SHARMA
K. C. TANEJA – Appellant
Versus
PRAMOD KUMAR TANEJA – Respondent


M. K. Sharma, J.

( 1 ) THIS order shall dispose of the application being I. A. No. 2825/1995 filed by the plaintiff under Order 6 Rule 17 Civil Procedure Code praying for amendment of the plaint. The plaintiff instituted the present suit for possession and mense profit against the defendant in respect of the portion occupied by the defendant on the first floor of the House No. E-341, Greater Kailash-II, New Delhi.

( 2 ) THE case pleaded in the plaint is that the plaintiff is the absolute and exclusive owner of the aforesaid property being House No. E-341, Greater Kailash-II, new Delhi. After the purchase of the aforesaid plot of land, the plaintiff through his financial resources and income constructed the house thereon which is two and a half storeyed building. The plaintiff is living in the said house alongwith his wife and the youngest son ever since it was constructed by the plaintiff. One of the sons of the plaintiff, namely, the defendant has been living separately from the plaintiff since his childhood. The defendant got married in the year 1974 and he was staying in a flat allotted to him by the Delhi Development Authority at C-7/121, Lawrence Road, New Delhi. However, the










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