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2008 Supreme(Del) 904

SANJIV KHANNA
PADMAVATI MAHAJAN – Appellant
Versus
YOGENDER MAHAJAN – Respondent


Advocates Appeared:
Mr. Rakesh Tiku with Mr.Prakash Gautam, Advocates.
Mr. S.C.Singhal, Advocate.

SANJIV KHANNA, J:

1. The plaintiff, Ms. Padmavati Mahajan, is the mother of Mr.Yogender Mahajan, defendant no.1 and mother-in-law of Ms.Sushma Mahajan, defendant no.2. She seeks decree of permanent injunction against the defendants from parting with possession or creating third party rights in respect of the property no.D-95, Anand Niketan, New Delhi (hereinafter referred to as the Property, for short). She also seeks mandatory injunction against the defendants to forthwith remove themselves and their belongings from the Property.

2. It is an admitted case of both the parties that by a perpetual Sub-Lease Deed dated 29th May, 1968, marked Exh.PW 1/1 the plaintiff was granted leasehold rights in the said Property. The said Sub-lease Deed is a registered document. It is also an admitted case of the parties that vide Conveyance Deed dated 12th November, 2001, marked PW1/2, the Property was converted into freehold in the name of the plaintiff as the owner.

3. Mr. Prabhudayal Mahajan, husband of the plaintiff and father of defendant no.1 expired in 1983 and the defendant no.1 is one of their five children.

4. The plaintiff claims that she wants to sell the Property and has entered into




































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