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1996 Supreme(Del) 128

B.K.RAMAMOORTHY
GOCHWAL LEASING AND FINANCE PRIVATE LIMITED – Appellant
Versus
HARISH CHAND JHAMB – Respondent


K. RAMAMOORTHY

( 1 ) THE plaintiff has filed I. A. 7741/95 for injunction restraining the defendant from creating third party interest in respect of the 1/6th undivided share in the property bearing No. R-7b, Green Park Extension, New Delhi and restrain the defendant from forcibly dispossessing the plaintiff from the first and second floor and the incidental areas attached to the property. The case of the plaintiff briefly stated is this. The property mentioned above admeasuring 200 sq. yds. approximately was jointly owned by Shri Hakim Rai and Smt. Kishan Devi, each having half share. On 18. 8. 72 Hakim Rai died. He had written a Will bequeathing 1/2 undivided share in favour of his wife Smt Kishan Devi and two sons Jagdish Chand and Harish Chand, who is now the defendant, by which each became entitled to 1/3rd share. Smt. Kishan Devi executed a relinquishment deed in respect of 4/6th undivided share by executing a registered deed in favour other son Jagdish Chand. Thus, Jagdish Chand became entitled to 5/6th and Harish Chand, the defendant became entitled to 1/6th. In the public records mutation was effected showing the 5/6th share in the name of Jagdish Chand and 1/6th share in t














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