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2022 Supreme(Del) 1810

C. HARI SHANKAR
Ralia Ram Kapoor Through Lr. Shashi Kapoor – Appellant
Versus
Kiran Kapoor – Respondent


Advocates appeared:
Mr.Tushar Mahajan, Mr.Rohan Yadav & Mr.Bhaavan Mahajan, Advs., for the Petitioner; Mr. Harish Malhtora, Sr. Adv. with Mr. Rajesh Bhatia, Adv., for the Respondents No. 1

JUDGMENT

1. Suit 196/1996 (later renumbered as Suit No. 226/2018) was instituted by the petitioner Ralia Ram Kapoor (deceased) ('RRK' hereinafter) through his legal representatives against M/s DLF United Pvt. Ltd. (DLF) as Defendant 1 and Vijay Kapoor, the son of Ralia Ram Kapoor, as Defendant 2. It was averred, in the plaint forming subject matter of Suit 196/1996, that RRK was the owner, and in legal possession of Plot No. S-103, Greater Kailash-II which had been purchased by him from DLF, against payments made between 1959 and 1973. It was further averred in the plaint that though payment against purchase of the aforesaid property was thus made by RRK, a sale deed, dated 11th February 1974 was fraudulently executed by DLF. Fraud in execution of the said sale deed was also alleged in the plaint. The plaint, therefore, sought cancellation of the sale deed dated 11th February 1974 and also sought a direction to DLF to execute a sale deed in favour of the petitioner, by incorporating the name of the petitioner in place of Defendant 2 Vijay Kapoor.

2. During the pendency of the suit, Respondent 1 Kiran Kapoor, the wife of Vijay Kapoor (Defendant 2 in the suit) moved an application unde

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