VIPIN SANGHI, J. (Oral)

1. The plaintiff has filed the present suit to seek a decree for specific performance in respect of the defendant?s 1/5th undivided share in property bearing no. D-8, South Extension Part-II, New Delhi. The case of the plaintiff as set out in the plaint is that one Dr. Desh Raj Kehar was the owner of built up property No. D-8, N.D.S.E., Part-II, New Delhi admeasuring 1080 Sq. Yds. He died in the year 1967 leaving behind eight legal heirs. Smt. Durga Devi, the widow of late Dr. Desh Raj Kehar disposed off a part of the property admeasuring 330 Sq. Yds. situated at the rear side and after such sale, the area left with the said legal heirs of late Sh. Desh Raj Kehar was 764 Sq. Yds (herein referred to as the “said property”). Smt. Durga Devi, also died on 03.03.1993 leaving behind five legal heirs namely Dr. Prem C. Kehar (son), Mahinder Kumar Kehar (son), Mrs. Swaran Kapoor (daughter), Veena Wahi (daughter), Dr. Mrs. Jagjeet Moorti (daughter).

2. The aforesaid five legal heirs inherited the said property admeasuring 764 Sq. Yds. in equal share i.e. 1/5th undivided share each. Three of the aforesaid legal heirs namely Dr. Prem C. Kehar, Dr. Mrs. Jagjeet Moorti

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