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2016 Supreme(Del) 493

S.RAVINDRA BHAT, DEEPA SHARMA
NAGESHWAR PANDEY – Appellant
Versus
KARAN MADAAN – Respondent


Advocate Appeared:
Sh. Sanjiv Sindhwani, Sr. Advocate with Sh. Anshul Mittal and Sh. A.K. Sinha, Advocates.
Ms. Maninder Acharya, Sr. Advocate with Ms. Anu Bagai and Sh. Bhuvan Mishra, Advocates.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal is by the defendant/counter claimant who is aggrieved by the judgment and order of the learned Single Judge wherein contentions of the plaintiffs were accepted and the suit was decreed, invoking Order XII Rule 6, Code of Civil Procedure (CPC); the counter claim, by invoking the power under Order VII Rule 11, CPC was rejected. The parties shall hereafter be referred to in accordance with their nomenclature in the suit, i.e plaintiffs and defendant.

2. Three plaintiffs filed the suit; first two are businessmen and the third plaintiff is the mother of the second plaintiff. They alleged that the defendant was sole and exclusive owner of built-up property, No. EC-5, Inderpuri, New Delhi - 110 012 admeasuring 500 sq. yds. situated in village Naraina, Delhi ("the suit property"). Through a registered sale deed dated 01.11.2011, the defendant transferred it to the plaintiffs for a total consideration of Rs.1,65,00,000/-. The plaintiffs described their respective shares in the suit property. The sale deed was registered on 02.12.2011 in the office of the Sub-Registrar No. IX, New Delhi. The plaintiffs stated that their right of possession was reco




































































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