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2015 Supreme(Del) 4151

PRADEEP NANDRAJOG, MUKTA GUPTA
Siri Bhagwan – Appellant
Versus
VBM Estates Pvt. Ltd. – Respondent


For the Appellant :Mr. Ravi Gupta, Sr. Advocate instructed by Mr. Pankaj Vivek and Mr. Sachin Jain, Advocates.
For the Respondent:Mr. Rajesh Yadav, Ms. Ruchira Arora and Mr. Dhananjay Mehlawat, Advocates.

JUDGMENT :

Mukta Gupta, J.

1. Siri Bhagwan the appellant herein filed a suit being CS (OS) No. 2670/2014 before this Court, inter alia, seeking cancellation of the registered sale deed dated November 13, 2006, declaring him as owner of 2/9th share in land bearing Khasra No. 852 (4-16) situated in the revenue estate of Village Rajokari, Tehsil Vasant Vihar, New Delhi (in short the suit property) and restraining the defendants from dispossessing him from his undivided cultavatory possession of the suit property.

2. It was pleaded in the plaint by Siri Bhagwan that he was recorded co-owner in actual cultivatory possession of the 2/9th share of the suit property besides being the co-owner of other lands bearing khasra Nos. 1117 (1-18), 1118(3-8), 1119(5-5), 1120(15-7) of Village Rajokari, Delhi. He produced the fard khatoni paimaish of said Khata No. 531 with respect to khasra No. 852 (4-16) of Village Rajokari i.e. the suit property and the site plan. Siri Bhagwan stated that Pramod Aggarwal defendant No. 2 in the suit offered to purchase the suit property on November 13, 2006 for a sum of Rs. one crore and paid a sum of Rs. 30 lakhs as advance and the balance was to be paid within 12 m
















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