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2021 Supreme(Del) 972

JAYANT NATH
Harcharan Singh Hazooria – Appellant
Versus
Kulwant Singh Hazooria – Respondent


Advocates appeared:
Mr. T.K. Ganju and Mr. Vikas Dhawan, Sr. Advocate with Mr. S. Pandaj and Mr. S.P. Das, Advocate, for the Appellant; Mr. Sanjeev Sindhwani, Sr. Advocate, with Ms. Shalini Kapoor, Ms. Bindita Chaturvedi, Ms. Sukriti Mago and Mr. Sangram Singh, Advocate, for the Respondent.

JUDGMENT

Jayant Nath, J. - The plaintiff has filed the present suit seeking partition of the suit property bearing No. 60, Ring Road, Lajpat Nagar III, New Delhi and possession after partition of the share of the plaintiff being one-half. A decree of declaration is also sought that the gift deeds dated 23.05.2007 and 02.06.2008 said to have been executed by Late Smt. Jaswant Kaur are null and void and are not binding on the plaintiff and consequently, cancellation of the said gift deeds. Other connected reliefs are also sought.

2. It is stated that Late Smt. Jaswant Kaur was the mother of the plaintiff, defendants No. 1 and 2. Defendant No. 3 is the wife of defendant No. 1. Smt. Jaswant Kaur owned and possessed the suit property. It is stated that the suit property was converted into freehold via a conveyance deed dated 09.05.2000 executed in favour of Late Smt. Jaswant Kaur. The suit property is a plot of land measuring 790 sq.yards comprising of ground floor, first floor, second floor, terrace above the second floor, with lift room and barsarti.

3. It is the case of the plaintiff that Late Smt. Jaswant Kaur died on 15.08.2008. She was 98 years of age and due to her advanced age, was

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