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2017 Supreme(Del) 544

RAJIV SAHAI ENDLAW
CAPTAIN BHUPINDER KUMAR SURI – Appellant
Versus
NARESH KUMAR SURI – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Harish Malhotra, Sr. Adv. with Mr. Venancio D’costa and Ms. Astha, Advs
For the Defendant : Mr. M.R. Chawla and Mr. Aditya Vaibhav Singh, Advs. Ms. Pankhi proxy counsel for Mr. Rajeev Kapoor, Adv.

JUDGMENT :

IA No.6967/2014 (of defendant no.1 under Order VII Rule 11 CPC).

1. The counsel for the applicant/defendant no.1 and the senior counsel for the plaintiff have been heard.

2. Besides the defendant no.1, only the counsel for the defendants no.2&3 appears and who are supporting the plaintiff.

3. The plaintiff has instituted this suit inter alia pleading:-

(i) that the father of the plaintiff and the defendants no.1 to 6 (defendants) namely Major Khemraj Suri was allotted plot of land ad measuring 267.22 sq. yds. in the colony now known as Defence Colony, New Delhi by virtue of being a Defence Officer and had raised construction thereon;

(ii) that the father of the plaintiff and the defendants, with intention to convert the said property into a Joint Hindu Family (HUF) property, executed a Declaration dated 25th February, 1969 whereby he constituted a HUF comprising of himself, his wife and the plaintiff and the defendants and assumed the capacity of Karta of the said HUF; Major Khemraj Suri had voluntarily and unilaterally thrown the property aforesaid into common stock of family property, thereby abandoning his separate claim therein;

(iii) that by virtue of the said declaration

































































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