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2019 Supreme(Del) 1230

JAYANT NATH
ANITA GUPTA – Appellant
Versus
SURESH DUDANI – Respondent


Advocates Appeared:
Payal Jain, Adv., Rakhi Dubey, Adv., A.V. Bagur, Adv.

JUDGMENT :

Jayant Nath, J.

I A No. 1347/2019

This application is filed under Order 12 Rule 6 CPC seeking a decree in favour of the plaintiff.

2. Learned counsel for defendant No.2 has filed his reply in court which is taken on record.

3. Present suit is filed by the plaintiff seeking a decree of permanent injunction to restrain the defendants from parting with possession in respect of the property No. 11/394, Sunder Vihar, New Delhi-110087. A decree of possession is also sought regarding the suit property.

4. The case of the plaintiff is that she is the registered owner of the property No. 11/394, Sunder Vihar, New Delhi and is presently a resident of USA. It was pleaded that the defendants with the parents were residing at another property at Sunder Vihar which was owned by Sh. S.S.S.Dudani, the father of the plaintiff and defendant No. 1. The shares of all the members of the family were said to have been settled. It was agreed that the plaintiff shall be the sole owner of the suit property and accordingly, the plaintiff became the registered owner by registered document dated 29.08.2007. The defendants were given a right to reside in the property as a licensee w.e.f. 29.08.2007. In Aug


























































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