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2013 Supreme(Del) 1046

A.K.PATHAK
Mst. Tana – Appellant
Versus
Badamo – Respondent


Advocates Appeared:
For the Appellant:Sanjeev Sindhwani, Sr. Adv. with Rakesh Saini, Advocate.
For the Respondent: None.

JUDGMENT

1. Appellant-plaintiff no. 1 along with respondent nos. 2 and 4 (plaintiff nos. 2 and 3 respectively) filed a suit for partition and perpetual injunction against the respondent nos. 1 and 3 (defendant nos. 1 and 2) in respect of property bearing no. 3477, Gali No. 4/5, Rehgar Pura, Karol Bagh, New Delhi (for short, hereinafter referred to as the “suit property”). By the judgment and decree dated 8th September, 1980 trial court dismissed the suit, hence, this appeal has been preferred by plaintiff no.1 wherein plaintiff nos.2 and 3 have been impleaded as respondent nos. 2 and 4 as they chose not to challenge the impugned judgment and decree.

2. Plaintiffs alleged in the plaint that plaintiff no. 1 was daughter and plaintiff nos. 2, 3 and defendant no. 2 were grand children; whereas defendant no. 1 was daughter-in-law of Shri Maman, who died in the year 1948. The pedigree table of Late Shri Maman is as under :-

3. Late Shri Maman got the suit property built in the year 1924 after

“PEDIGREE TABLE” acquiring the land underneath it on lease during the year 1919 from Delhi Improvement Trust. Late Shri Maman gifted the suit property to his daughters, that is, plaintiff no. 1 and S

































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