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2018 Supreme(Del) 84

RAJIV SAHAI ENDLAW
Shyama Pahwa – Appellant
Versus
Narendra Pratap Bhalla – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Shailendar Dahiya
For the Defendants : Mr. Sajan Narain, Mr. Sunil Goyal, Mr. Deepak, Ms. Suruchi Suri

JUDGMENT :

1. The plaintiff, aged 73 years at the time of institution of the suit, in the year 2009 instituted this suit against her three brothers impleaded as defendants no.1 to 3 viz. a) Narendra Pratap Bhalla, b) Bharat Bhushan Bhalla; and, c) Mahinder Pratap Bhalla and her sister Smt. Kamla Ohri (defendant no.4).

2. It was the case in the plaint i) that the plaintiff had been suffering from chronic depression for the past 30/40 years and had been under psychiatric treatment since 1961; ii) that the plaintiff was residing at Mumbai since 1982 but used to visit her parents and stay with them in Delhi in property No.S-61, Greater Kailash Part-I, New Delhi; iii) that the plaintiff, in August, 2008, shifted to Delhi along with her husband; the husband of the plaintiff died on 19th September, 2008; iv) that the condition of the plaintiff deteriorated in the last few months preceding the filing of the suit and the plaintiff had been suffering from Bipolar Affective Disorder with symptoms suggestive of Dementia; v) that the neuropsychological assessment of the plaintiff reflected impairment in functioning of temporal lobe, Visuospatial Perceptual ability and Parieto-Occipital Lobe funct




































































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