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2017 Supreme(Del) 3402

MANMOHAN
SUMAN LATA SHARMA – Appellant
Versus
VINOD KUMAR SHARMA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vikash Sharma, Advocate.
For the Respondent:Mr. Dharm Vir Singh, Advocate

JUDGMENT :

MANMOHAN, J:

1. Present suit has been filed for partition, possession, cancellation of Relinquishment Deed dated 16th June, 2011 and permanent injunction.

2. Plaintiff has primarily instituted the present suit for a declaration that the Relinquishment Deed executed and registered by her in favour of her brothers-defendants No.1 and 2 respectively with respect to an immovable property left by the father of the parties was got executed from her fraudulently on the promise of being paid Rs.1 crore. It is stated that on the date of execution of the Relinquishment Deed only Rs.10 lacs was paid to the plaintiff. In support of the said contention, learned counsel for plaintiff relies upon the Settlement Receipt dated 16June, 2011 executed by the defendants.

3. Consequently, the plaintiff in the present suit prays for a declaration that the Relinquishment Deed dated 16th June, 2011 is null and void and further that she be declared owner of ¼ share in the said property and the defendants be restrained from dealing with the property in question.

4. On 20th July, 2016, the learned Predecessor of this Court had observed that even if what the plaintiff claims is found to be true, the only























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