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2007 Supreme(Del) 455

SWATANTER KUMAR, H.R.MALHOTRA
VIJAY GUPTA – Appellant
Versus
ASHOK KUMAR GUPTA – Respondent


Advocates Appeared:
K.K.BHATIA, M.R.CHAWLA


SWATANTER KUMAR, J.

( 1 ) THE simple question of law that arises for consideration in the present appeal with regard to the pre-requisites for passing a decree under Order 12 rule 6 of the Code of Civil Procedure is existence of certain unambiguous and clear admission or even an admission which is vague, uncertain and is conditional. The appellant no. 1 is the wife while the appellants no. 2 and 3 are the sons of late Sh. Naresh Kumar Gupta. Late Sh. Naresh Kumar Gupta had become a member of Lok Sevak Co-operative Building Society for purchasing a plot of land on instalments out of his personal savings. He was in employment since the year 1956 and the money towards the total cost of acquiring the plot and construction of building thereupon was Rs. 46,000/- which was borne by Late Sh. Naresh Kumar Gupta. The appellant no. 1 who was then married to him was also serving as a teacher in a Delhi Administration School. The construction was completed after spending an amount of nearly Rs. 1,86,000/- over a period of three years. The property bearing no. E-13, Geetanjali Enclave, New Delhi had been in exclusive possession of Sh. Naresh Kumar Gupta and his family. The respondent no. 1 file






























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