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2016 Supreme(Del) 2751

VALMIKI J.MEHTA
REENA JAIN – Appellant
Versus
RAJIV KUMAR SAXENA – Respondent


Advocates Appeared:
For the Appellant :Mr. Alok Kumar and Mr. Neeraj Gupta, Advocates.
For the Respondent:Mr. Raj Kumar Rajput, Mr. S.N.Pandey and Mr. Ajit Rajput, Advocates.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the two defendants in the suit, impugning the concurrent judgments of the courts below; of the Trial Court dated 6.4.2009 and the First Appellate Court dated 7.6.2014; by which the courts below have decreed the suit filed by the respondent/plaintiff for declaration that the Family Settlement Deed dated 18.12.2000 (Ex.DW1/1) and the Relinquishment Deed dated 3.2.1998 (Ex.DW3/1) are declared null and void. Respondent/plaintiff has also been held entitled to possession of the first floor and second floor of the suit property bearing H.No. 408, Gagan Vihar, Delhi-110051 on a plot of land admeasuring 272 sq. yds. By the relinquishment deed the respondent/plaintiff had declared that the suit property belonged to his mother, and which deed was prayed to be cancelled on the ground that when this relinquishment deed was executed, he was not aware of the Will dated 28.4.1995, Ex.PW1/1, executed by the owner/father bequeathing the suit property in the respondents/plaintiffs favour. By the Family Settlement Deed dated 18.12.2000 (Ex.DW1/1) entered into between th


















































































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