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2010 Supreme(Del) 197

MUKTA GUPTA
Mohinder Kumar Gupta S/o Shri Din Dayal – Appellant
Versus
Kuldeep Singh S/o Sh. Hara Singh – Respondent


Advocates Appeared
Through Mr. Rohit Kumar, Advocate.
Through Mr. P.S. Patwalia, Sr. Advocate with Mr. R.K. Agarwal, Mr. Aman Preet Rahi and Mr. Sashwat Acharya, Advocates. AND MADAN B. LOKUR, ACJ

JUDGMENT

By this judgment and order we propose to dispose of two appeals arising out of a common judgment and order passed in EA Nos.110-111/1991 in Ex. No.164/1990 decided on 1st February, 2002. The Facts

2. Nand Lal was the perpetual lessee of the Land and Development Officer (L&DO) in property bearing No.9, Sunder Nagar, New Delhi (the suit property). When he passed away, he left behind as his heirs Banarsi Dass, Dhanpat Rai, Din Dayal and Gaindo Devi (widow of a pre-deceased son Paras Ram). Each had a 1/4th share in the suit property. Din Dayal passed away later leaving behind his widow Sushila Devi, son Mohinder Kumar Gupta, son Surinder Dayal, son Narinder dayal and daughter Vijay Lakshmi. The legal heirs of Din Dayal had 1/20th share each in the suit property.

3. The eight heirs of Nand Lal (compendiously called the Judgment Debtors) entered into an agreement to sell the suit property with Kuldeep Singh on 29/30th July, 1980. In terms of the agreement, Kuldeep Singh was to pay to the Judgment Debtors a total sum of Rs.14 lakhs as the sale consideration. He paid to them an amount of Rs.1,40,000/- against a receipt dated 30th July, 1980. Admittedly, possession of one ga




























































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