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2014 Supreme(Del) 1408

V.K.SHALI
Sushil Jain – Appellant
Versus
Ritu Jain – Respondent


Advocate Appeared
For the Plaintiff:Ashish Mohan, Rohit Gandhi, Varun Garg, Advocates.
For the Defendants:T.P.S. Kang, Advocate.

JUDGMENT

V.K. Shali, J.

1. This is suit filed by the plaintiff for declaration, cancellation, permanent and mandatory injunction.

2. Briefly stated, the facts of the case, are that the plaintiff got married to defendant No.1 on 12th December, 1990, according to Hindu rites and ceremonies after which they were blessed with a child, namely, Siddharth S.Jain on 15th April, 1992. The plaintiff has averred that he, from his hard earned money, purchased a flat bearing No.P-72, South City, Gurgaon in August, 1994 in the name of defendant No.1 for a sum of Rs.2,25,000/-, although the defendant was not having any independent source of income. This flat was purchased to secure the future of the plaintiff and to develop an asset. In the year 1996-1997, the plaintiff again decided to purchase a property in Greater Kailash, Part-IV, New Delhi and accordingly, negotiated with the defendant Nos.2 to 5 with the help of a property dealer for purchase of second floor on House No.27, Mandakini NRI Complex, Greater Kailash-IV, New Delhi, viz., the suit property. Pursuant to the negotiations, an Agreement to Sell, dated 16th January, 1996, was entered between the defendant Nos.2 to 4, on the one hand, a











































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