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2014 Supreme(Del) 1588

RAJIV SAHAI ENDLAW
Satish Kumar Chojar – Appellant
Versus
Subhashni Chopra – Respondent


Advocate Appeared:
For the Plaintiff:Prabhjit Jauhar, Anupama Kaul, Jeevan Sharma, Advocates.
For the Defendants:G.D. Chopra, Manuj Aggarwal, Advocates.

Judgment

1. The plaintiff has instituted this suit, for partition of property bearing No.29/19, East Patel Nagar, New Delhi (“suit property”), and for permanent and mandatory injunctions with respect to the property, pleading:-

I) that late Sh. Shanti Sarup Chojar (father of the plaintiff and the three defendants) was granted leasehold rights in the suit property vide registered perpetual lease deed dated 23.01.1981 executed in his favour by the President of India through the Land & Development Office;

II) that late Sh. Shanti Sarup Chojar executed a registered Will dated 18.11.1991 recording that the plaintiff had been financially helpful to him during his lifetime and bequeathing 55% share in the suit property to the plaintiff and 5%, 20% and 20% to defendants No.1,2 &3 respectively;

III) that it was also envisaged under the Will that the wife of Sh. Shanti Sarup Chojar (Smt. Sushila Chojar) would be entitled to possession of the suit property and to realise rent therefrom during her lifetime and upon her demise, the property would devolve upon the legal heirs as per the ratio provided in the Will aforesaid;

IV) that Sh. Shanti Sarup Chojar expired on 18.11.1998 leaving behind his













































































































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