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2023 Supreme(Del) 632

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Devenderjeet Singh Sethi – Appellant
Versus
Om Prakash Arora – Respondent


Advocates Appeared:
For the Appellant : Mr. Arun Vohra & Mr. Dilip Kumar.
For the Respondents: Mr. Tarun Diwan & Ms. Pyari, Mr. Sunil Dalal, Sr. Adv. with Mr. Hirein Sharma, Ms. Sonali Gupta, Ms. Manisha Saroha, Mr. Pratibha Varun & Mr. Nikhil Beniwal.

JUDGMENT :

(Neena Bansal Krishna, J.) :—

1. The appellant (who was the plaintiff in the suit) has challenged the Judgment dated 01.07.2019 whereby his suit for Specific Performance of the Agreement to Sell dated 05.03.2010 and Permanent Injunction, has been dismissed.

2. Facts in brief are that Shri Jeevan Dass, father of the respondents (who were the defendants in the original suit), was the recorded owner of the premises bearing no. 7/13 Roop Nagar, Delhi-110007 admeasuring about 515 square yards (hereinafter referred to as “the suit property”). He died intestate on 13.03.1979 leaving behind his legal heirs i.e, his sons and daughters who relinquished their legal rights in the suit property in favour of the mother, Smt. Ram Pyari, who became the owner of the suit property. Smt. Ram Pyari died on 22.09.1999 leaving behind a registered Will dated 08.01.1981 bequeathing the suit property in favour of respondent nos. 1 to 3. The suit property was accordingly mutated in favour of the three respondents vide Mutation Letter No. TAX/CLZ/CENRANGE/04-392 dated 21.06.2005 on the basis of the Will of late Smt. Ram Pyari and the No Objection Certificates given by other legal heirs of late Smt.

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