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1987 Supreme(Del) 447

G.C.JAIN, P.K.BAHRI
P. K. NANGIA – Appellant
Versus
LAND AND DEVELOPMENT OFFICER, NEW DELHI – Respondent


Advocates Appeared:
A.C.AGARWAL, B.K.CHOUDHRY

G. C. Jain,j.

( 1 )

( 2 ) THE petitioner, Pushap Kumar Nangia, and three others, namely Smt. Sita Devi Nangia, Shashi Kumar Nangia and Ravinder Kumar Nangia, were the owners of property bearing No. 32-E/21, East Patel Nagar, New Delhi. On May 25, 1979 the petitioner brought a suit (Suit No. 666 of 1979) seeking a decree for partition of the said property. The Land and Development Officer was also a party to the suit. A final decree for partition was passed by this Court on March 31, 1980. Under the decree the entire property fell to the share of the petitioner. Other three co-owners were paid Rs. 37,000. 00 each by the petitioner.

( 3 ) THEREAFTER the petitioner applied to the Land and Development Officer, respondent No. I, in this petition, for mutating the property in dispute in his name. The said request was declined mainly on the ground that the decree passed by this Court in the partition suit requires registration.

( 4 ) CONTENDING that the decree in question did not require any registration and the action of the respondent in refusing to effect the mutation in favour of the petitioner on the ground that the decree requires registration was illegal and unlawful, the petitione




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