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2018 Supreme(Del) 973

RAJIV SAHAI ENDLAW
Rahul Oberoi – Appellant
Versus
Sheela Oberoi – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Sacchin Puri, Mr. Pulkit Malhotra, Mr. Kamil Khan
For the Defendants : Mr. Manav Gupta, Ms. Prabhsahay Kaur, Ms. Esha Dutta, Mr. N.K. Kantawala, Ms. Akansha Jain, Mr. Nitish Chaudhary, Mr. Viraj Datar

JUDGMENT :

1. The plaintiff has instituted this suit, (as per amended plaint dated 21st February, 2012 in Part-II file) for the reliefs of-

(i) declaration that the plaintiff along with the defendants no.2 to 5 is the co-owner of property no.B-30, Defence Colony, New Delhi, with each having 20% undivided share therein;

(ii) for cancellation of Arbitral Award dated 23rd March, 1968 and for declaration of the said Award as null and void, being a sham transaction and inadmissible for want of registration;

(iii) for partition of property no.B-30, Defence Colony, New Delhi;

(iv) for permanent injunction restraining the defendants from dealing with the said property; and,

(v) for declaration as null and void of the Conveyance Deed dated 4th November, 1999 of freehold rights in the land underneath the property in favour of the defendant no.1, pleading:-

(a) that late Shri O.P. Oberoi, paternal grandfather of the plaintiff, along with his wife defendant no.1 Sheela Oberoi and his sons Satpal Oberoi and defendant no.3 Rajinder Pal Oberoi was the resident of Nowshera now in Pakistan;

(b) that the Oberoi clan, from the time of Salamat Rai Oberoi, the great great grandfather of O.P. Oberoi aforesaid,












































































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