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2012 Supreme(Del) 1784

PRADEEP NANDRAJOG, MANMOHAN SINGH
PREM BHATNAGAR THRU’S LRS – Appellant
Versus
RAVI MOHAN BHATNAGAR – Respondent


Advocates Appeared:
Ms. Mala Goel, Advocate for L.Rs of the appellant.
Mr. S.K.Bhattacharya with Mr.Suresh Bharti, Advocates for R-1,5, 6 & 7.

JUDGMENT

PRADEEP NANDRAJOG, J.

1. The common ancestor to whom the parties trace their lineage is one Roop Narain, who was the perpetual lessee, as per perpetual lease Ex.PW-1/1 dated July 28, 1939, of a plot of land ad-measuring 212.5 sq. yds. bearing Municipal No.205-C/32, New Capital of Delhi; re-numbered as 37, Todarmal Lane, Bengali Market, New Delhi. (Hereinafter referred to as the suit property). He admittedly died intestate on June 11, 1957, and was survived by two sons named Amar Nath and Prem Nath as also four daughters named Manbari, Prem Dulari, Saran Dulari and Tarawati. The brother and the four sisters executed a relinquishment deed Ex.DW-1/1 on October 29, 1958 in favour of their brother Amar Nath, who thus inherited the perpetual lease-hold rights in the property upon the death of Roop Narain. A residential building was constructed on the plot by Roop Narain and thus the ownership of the building was inherited by Amar Nath upon death of Roop Narain and Amar Nath’s brother and sisters executing the relinquishment deed Ex.DW-1/1.

2. Amar Nath had two wives named Kamla Devi and Chand Rani, both of whom pre-deceased Amar Nath.

3. From Kamla Devi two sons named Prem Bhatn




















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