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2010 Supreme(Del) 102

S.RAVINDRA BHAT
J. D. JAIN – Appellant
Versus
SHARMA ASSOCIATES – Respondent


Advocates Appeared:
Mr. Kapil Kher, Advocate.
Mr. Lalit Bhardwaj, Advocate for D-4. Mr. Nalin Tripathi, Advocate for D-1-3.

JUDGMENT

MR. JUSTICE S.RAVINDRA BHAT

1. This order deals with the objection as to the maintainability of the Suit, raised by the defendants. The matter was heard on 22.12.2009 when the Court indicated that the orders would be passed today.

2. The plaintiffs seek a decree for cancellation of an Agreement cum Partnership deed, dated 18.11.1987, said to have been executed between the first defendant and one late Manoj Kumar in respect of the land being Khasra No. 597 and 600, (“the suit lands”) Revenue estate Village Devli, Tehsil Mehrauli, New Delhi and a declaration that such document was executed without authority and, therefore, null and void. A consequential decree for declaration, that the plaintiffs are in possession of the suit lands, as well as for a decree for permanent injunction, in respect of the said land and the documents is also sought.

3. The plaintiffs claim to be owners of the suit lands measuring 8 Bighas and 11 biswas. It is stated that first defendant is a purported partnership concern, the composition of which is not known, but according to the Suit, the Defendant Nos.2 & 3 are its partners. The plaintiffs contend that Mange, Rattan Singh and Surjee are sons of Gh



































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