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2008 Supreme(Del) 103

SHIV NARAYAN DHINGRA
Vaneeta Khanna – Appellant
Versus
Rajeev Gupta – Respondent


Advocates appeared
Through:Mr. H.S. Phulka, Sr. Adv. with Mr. S.N. Gupta, Advocate.
Through:Mr. Rajiv Kumar, Advocate for D-1. Ms. Anusuya Salwan, Advocate for D-3 to D-5.

Judgment

SHIV NARAYAN DHINGRA J.

IA Nos. 1388/2007 and 4939/2007

1. By this order, I shall dispose of the above two IAs moved by the defendants under Order 7 Rule 11 CPC.

.2. The plaintiffs in the instant suit are husband and wife. They had filed a suit before learned Additional District Judge under Section 5 and 6 of Specific Relief Act contending therein that in pursuance of sale transaction with defendant No.2, who was a G.P.A holder of defendant No.1, they became owner of property No. 8/289, Sunder Vihar, Paschim Vihar, New Delhi after payment of full sale consideration and execution of agreement to sell, GPA, Special Power of Attorney by defendant No.2 in favour of plaintiffs. The vacant physical possession of suit property was delivered to the plaintiff on 12th May 2004 and plaintiffs after taking possession had put their locks on the property. It was contended that after entering into the sale transactions and handing over the possession, defendant No.1 and 2 colluded with each other and they also colluded with sisters of defendant No.1 and in order to deprive the plaintiffs of the property so purchased, trespassed the property. Plaintiffs discovered this trespass when plaint












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