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2012 Supreme(Del) 415

PRADEEP NANDRAJOG, PRATIBHA RANI
Moortie Devi – Appellant
Versus
Sat Prakash – Respondent


Advocates Appeared:
For the Appellants:Lal Singh Thakur, Advocates.
For the Respondent:Akshay Makhija, Advocate.

Judgment

PRADEEP NANDRAJOG, J.

1. We shall be referring to the parties by their nomenclature in the suit. The appellants are the legal heirs of the deceased defendant and the respondent is the plaintiff. Thus, the expression plaintiff used by us hereinafter would be referring to the respondent and the expression defendant would be referring to the appellants.

2. Plaintiff filed a suit seeking declaration that the sale deed dated July 20, 1983 executed by his father in favour of the defendant was null and void; decree for possession in respect of the property conveyed being plot no.13, Krishan Nagar, admeasuring 66.23 sq. yds. was prayed for and, lastly mesne profits against the defendant was sought in respect of the unauthorized possession of the defendant.

3. As per the plaint, the plaintiff stated that he acquired title to the suit property by virtue of a registered sale deed dated April, 29, 1955 executed by the owner Sh.Om Prakash Goela, who in turn had acquired title to the plot by virtue of a registered sale deed executed by the developer of the colony i.e. DLF Company in his favour which was registered on March 4, 1950. Claiming to have obtained mutation in his name in the r























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