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2009 Supreme(Del) 1275

SHIV NARAYAN DHINGRA
LOTIKA SARKAR – Appellant
Versus
PREETI DHOUNDIAL – Respondent


Advocates Appeared:
Mr. A.K. Nigam, Senior Advocate with Mr. Sanjoy Ghose & Ms. Pragnya, Advocates with Ms. (Dr.) Lotika Sarkar.
Mr. Prashant Mehndiratta, Advocate with defendants in person.

JUDGMENT

1. This suit was filed by the plaintiff aged about 86 years with a prayer of cancellation of gift deed dated 28th June, 2007 whereby the property No.L-1/10, Hauz Khas Enclave, New Delhi was gifted by the plaintiff to defendant No.1. A prayer is also made that the defendants be directed to handover the peaceful and vacant possession of the suit property to the plaintiff and they further be directed to render accounts in respect of her funds and financial dealings.

2. In the ground for cancellation, it was stated by the plaintiff that the plaintiff and her husband had no children and defendant No.2, husband of defendant No.1, was a serving officer in Indian Police Service and his son, that is, defendant No.3 had to pursue his education in Delhi and he wanted defendant No.3 to reside with the plaintiff and her husband. Since the plaintiff and her husband were at advanced stage of their lives, the plaintiff was persuaded by her husband to agree to this proposal and she agreed. The plaintiff’s husband passed away on 10th October, 2005 with the result that the plaintiff came under immense trauma and grief. Taking advantage of this situation the defendants shifted into the house o













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