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2009 Supreme(Del) 515

S.N.AGGARWAL
Shilpi Jain – Appellant
Versus
Anil Kumar Bansal (HUF) – Respondent


Advocates Appeared:
Mr. Rahul Gupta, Advocate
Mr. Girish Aggarwal for defendants No. 1 & 2. None for defendants No. 3 & 4. Defendant No. 5 is ex-parte.

S.N.AGGARWAL, J (ORAL)

1. The plaintiffs have filed this suit against the defendants seeking a declaration that the suit property bearing mustil No. 62, Khasra No. (0-7) admeasuring 36 bigha, 8 biswa situated at village and PO Kanganheri, Tehsil Najafgarh, New Delhi be declared a HUF property owned by defendant No. 1 in view of sale deeds dated 22.07.1988 and 27.02.1989. The plaintiffs have further prayed for a declaration to declare the agreement to sell dated 24.07.2006 between defendants No. 2 to 5 to be void.

2 Briefly stated the facts of the case relevant for disposal of this suit are that defendant No. 2 is the father of the plaintiffs. Defendants No. 3 and 4 are the mother and grand mother of the plaintiffs. Defendant No. 2 being the father of the plaintiffs is the karta of two HUFs namely Mr. Anil Kumar Bansal (HUF) and M/s Anil Kumar Bansal & sons (HUF) (defendant No. 1 herein). The suit property was purchased in the name of these two HUFs through its karta (defendant No. 2) vide sale deeds dated 22.07.1988 and 27.02.1989.

3 On 24.07.2006, defendants No. 2 to 4 in their individual capacity entered into an agreement to sell the suit property to defendant No. 5 for a total


















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