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2017 Supreme(Del) 976

RAJIV SAHAI ENDLAW
RAVINDER KUMAR KHANNA – Appellant
Versus
PREM PARKASH KHANNA – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Jagjit Singh, Adv.

JUDGMENT :

1. The plaintiff has instituted this suit (i) for declaration that the Gift Deed dated August, 2015 executed by defendants No.1&2 namely Sh. Prem Parkash Khanna and Smt. Krishna Kumari Khanna wife of Sh. Prem Parkash Khanna in favour of the defendant No.3 Smt. Anu Narula qua property No.M-174, Greater Kailash, Part-II, New Delhi is bad, illegal, void and non-enforceable document; (ii) for mandatory injunction to the Sub Registrar of Assurances with whom the Gift Deed aforesaid is registered to cancel the registration thereof; (iii) for permanent injunction restraining the defendant No.3 from claiming herself to be the owner of the property on the basis of Gift Deed and from dealing with the property; and, (iv) for mandatory injunction directing the defendant No.3 to deposit the Gift Deed in this Court.

2. The suit came up before this Court first on 25th July, 2016 when queries were raised from the counsel for the plaintiff as to the very maintainability of the suit and as to the valuation of the suit for the purposes of court fees and jurisdiction. On request of the counsel for the plaintiff, the order on maintainability of the suit was deferred. On 11th August, 2016, afte
























































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