A.K.SIKRI
RAM PARSHAD ROHATGI – Appellant
Versus
SURINDER KUMAR SHARMA – Respondent
A. K. SIKRI, J.
( 1 ) BY means of this suit the plaintiff seeks partition of property bearing no. G-41, Radhey Puri, Delhi (hereinafter referred to as the 'suit property' ). Prayer for permanent injunction is also made to the effect that the defendants be injuncted from selling, transferring, alienating or creating or creating third party interest in the suit property and also from raising any construction on any portion of the suit property. These prayers are made on the basis of the averments to the effect that the plaintiff and the father of the defendants, namely, late Shri Nand Lal Sharma, were the joint owners of the suit property. They were close friends and as they were living in rented accommodation, they decided to buy a plot of land bearing No. G-41, Radhey puri, Delhi from International Land and Finance Company Ltd. (for short, 'colonizer'), who were carving out the place in the colony known as Radhey pur. Both of them paid Rs. 20 to the aforesaid company and later on approximately Rs. 550 for the purchase of the said land. It is stated that because of inter se disputes in colonizer's company, the colonizer developed the aforesaid colony and, therefore, allowed the pla
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