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2012 Supreme(Del) 769

MANMOHAN SINGH
RAJ KUMARI GARG – Appellant
Versus
S. M. EZAZ – Respondent


Advocates Appeared:
Mr. G.S. Raghav Adv with Mr. Pankaj Kumar Adv
Mr. K.R. Chawla, Adv with Mr. Sunil Verma & Mr. Arvind Varma, Advs.

JUDGMENT

MANMOHAN SINGH, J.

1. By this order I propose to decide two abovementioned applications. The brief summary of the facts is that the plaintiff herein has filed the present suit for possession and perpetual injunction for the commercial property bearing No.23, Ground Floor, Defence Colony Market, New Delhi-110024, admeasuring about 92.78 sq yards (hereinafter referred to as suit property). The plaintiff claims to be the exclusive owner of the suit property having perpetual leasehold rights granted to her by Land & Development Office, Ministry of Rehabilitation, Government of India, Nirman Bhawan, vide perpetual lease deed dated 19.12.1974, which now consisting of basement, ground floor, first floor and second floor.

2. The plaintiff states that she had received the suit property through funds received under a duly signed voluntary “Family Settlement” dated 11.07.1974 executed between Late Sh. Lala Ram, Shyam Behari, Bhagwan Dass, Balkrishan and Smt. Kalawati w/o Sri Badri Prasad. An amount of Rs. 32,880/- was given to the plaintiff to purchase the suit property with a specific condition that the plaintiff will have no right to sell the property so purchased from the money pro















































































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