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2018 Supreme(Del) 1220

RAJIV SAHAI ENDLAW
SAURABH SHARMA – Appellant
Versus
OM WATI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Neha Garg, Adv.
For the Respondent: Mr. N.K. Goyal, Mr. Amit Gupta, Adv.

JUDGMENT :

1. The plaintiff has instituted this suit for partition of property No.500/5, Pandav Road, Vishwas Nagar, Shahdara, Delhi, claiming 1/16th share therein, pleading (i) that the paternal grandfather of the plaintiff namely Sunder Lal Sharma was taken in adoption by his aunt (chachi) namely Basanti Devi as she had no issue from her marriage; Basanti Devi thus became the adoptive mother of Sunder Lal Sharma; (ii) that Basanti Devi in the year 1966 executed a General Power of Attorney (GPA) in favour of Sunder Lal Sharma in respect of all her properties; (iii) that Basanti Devi died in the year 1985-1986 and Sunder Lal Sharma, paternal grandfather of the plaintiff, became the owner of all the properties of his adoptive mother Basanti Devi; (iv) that Sunder Lal Sharma, paternal grandfather of the plaintiff, died on 20th December, 1998, leaving his widow defendant No.1 Om Wati, defendants No.2&3 Ashok Sharma and Gopal Sharma as his sons, defendant No.4 Prem Lata as his daughter, plaintiff Saurabh Sharma as his grandson and the defendants No.5&6 Deepa Sharma and Roma Sharma as his granddaughters; (v) that the plaintiff was born to defendant No.2 Ashok Sharma on 7th April, 1990 i.























































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