V.K.SHALI
Anand J. Datwani – Appellant
Versus
Geeti Bhagat Datwani – Respondent
V.K. Shali, J.
1. This is a suit for partition filed by the plaintiff in respect of Farm Land bearing no. 32, Shivji Marg, Western Greens, Rangpuri, New Delhi (hereinafter referred to as ‘suit property’) by metes and bounds in equal shares between the plaintiff and defendant no.1. A decree of declaration declaring the alleged undertaking dated 29.4.2004 given by the plaintiff as null and void ab initio is also prayed for. It is also prayed that a decree of permanent injunction restraining the defendants jointly and severally from alienating, transferring, selling, conferring or creating any third party interest in the suit property may also be passed.
2. Briefly stated the facts of the case are that the plaintiff & the defendant no.1 are husband and wife and defendants no.2 & 3 are father and mother of the defendant no.1 respectively. The plaintiff and defendant no.1 got married on 13th October 1994, in Delhi. The case of the plaintiff is that sometime in the year 1995-1996 defendant no.1 along with defendant nos.2 and 3 expressed her desire to develop the Suit Property, which they were unable to do on account of paucity of funds.
3. Thereafter, a development agreement w
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