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2018 Supreme(Del) 1227

RAJIV SAHAI ENDLAW
SANJEEV GUPTA – Appellant
Versus
MANOJ LOHARIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Lalit Gupta, Mr. Siddharth and Mr. Akshit. Katyaal, Advs.
For the Respondent: Mr. Nazim U. Ahmed, Adv.

JUDGMENT :

1. The four plaintiffs namely (i) Sanjeev Gupta; (ii) Rajiv Gupta; (iii) Gaurav Gupta; and, (iv) Kamini Gupta have instituted this suit for,

(a) declaration that they are the exclusive owners of plot of land ad measuring 150 sq. yds. out of Plot No.22, Block No.X situated in the layout plan of Naraina Warehousing Scheme, Loha Mandi, Naraina, New Delhi – 110 028 including leasehold rights in the said land and the construction thereon;

(b) declaration that there exists a valid and legally binding oral Family Settlement between Hari Prakash Gupta, being the father of the plaintiffs no.1 to 3 and the husband of the plaintiff no.4 and the defendant and under the said Family Settlement, the defendant Manoj Loharia has been left with no right in the aforesaid property and that the said Family Settlement is binding on the defendant and his legal heirs;

(c) for permanent injunction restraining the defendant from alienating, encumbering or parting with possession of the property; and,

(d) for permanent injunction restraining the defendants from forcefully dispossessing the plaintiffs from the property aforesaid.

2. The suit was entertained and summons thereof ordered to be issued. The p




















































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