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2015 Supreme(Del) 2362

PRADEEP NANDRAJOG, MUKTA GUPTA
JHANG BIRADARI HOUSING RESIDENTS SOCIETY – Appellant
Versus
BHARAT BHUSHAN SACHDEVA – Respondent


Advocates Appeared:
Mr. Ravi Gupta, Sr. Advocate instructed by Mr. P.Choudhary, Mr. Ajay Gulati and Mr. Sachin Jain, Advocates
Mr. B.K.Sood, Sr. Advocate instructed by Mr. Shivam Rawat, Advocate Mr.Bharat Bhushan Sachdeva, R-1 in person

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. The appellant instituted a suit praying for a declaration to be granted that it is the owner of property measuring 31 bigha comprised in Khasra No.206/2, 208/2, 209, 210/2 and 211/2 Basai Darapur, Rohtak Road, New Delhi.

2. It was pleaded in the plaint that the appellant is a society registered under the Societies Registration Act and was initially formed by the name Jhang Biradari Association, with the object of re-settling people who had migrated to India from Jhang in Pakistan after partition. That Late Sh.Amir Chand and Brij Lal were the pioneers to form the Jhang Biradari Association. As per policy of the Ministry of Rehabilitation, Government of India, evacuee properties were auctioned and one such evacuee property auctioned was 61 bigha and 6 biswa land comprised in Khasra No.206, 207, 208, 209, 210 and 211 in the revenue estate of Basai Darapur Delhi. That the Jhang Biradari Association took a decision to bid for the said evacuee property put up for auction but was handicapped on account of it being then not registered as a society under the Societies Registration Act and additionally because as an association it could not participate in t


























































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