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2014 Supreme(Del) 2686

A.K. PATHAK
Raj Khanna (Mrs. ) – Appellant
Versus
Mira Chawla (Smt. ) & Ors. – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Neeraj Kishan Kaul, Senior Adv. with Mr. Neeraj Malhotra and Mr. Prithu Garg, Advocates.
For the Defendants :Mrs. C.M. Chopra, Senior Adv. with Mr. Sunil Mittal and Mr. D.S. Vohra, Advocates.

A.K. Pathak, J.:--

1. Plaintiff has filed this suit for possession and damages against the defendants in respect of property bearing No. 3, Sri Ram Road, Civil Lines, Delhi - 110054 (for short, hereinafter referred to as the suit property); more particularly shown in red colour in the site plan annexed with the plaint. Defendant Nos. 1 and 2 are cousins of plaintiff’s husband Late Shri Pratap Chand Khanna.

2. Plaintiff has alleged in the plaint that the suit property was originally belonged to maternal grandfather of her husband, namely, Shri Sriram Tandon, who bequeathed the same in favour of her husband-Shri Pratap Chand Khanna by way of a registered Will dated 18th March, 1930. The suit property was put into the stock of Joint Hindu Family by Late Shri Pratap Chand Khanna known as P.C. Khanna and Sons, which comprised of Late Shri Pratap Chand Khanna, plaintiff and their son. On 4th February, 1971, a partition took place amongst the members of Joint Hindu Family and suit property fell in the share of plaintiff and she became exclusive owner thereof. Her name was duly recorded in the records of Municipal Corporation in the year 1978. Even prior to the said arrangement plaintiff’s h














































































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