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2023 Supreme(Del) 2637

YASHWANT VARMA
Komal Nagpal – Appellant
Versus
Sonia Bhandari – Respondent


Advocates appeared:
Mr. Sanjeev Sindhwani, Senior Advocate with Mr. Kartik Nagarkatti and Mr. Krishna Dev Yadav, Advocates, for the Plaintiff.
Mr. Akhil Sibal, Senior Advocate with Mr. Avneesh Arputham, Ms. Bahuli Sharma and Mr. Ankit Sharma, Advocates, for the Defendants.

JUDGMENT

1. The instant application has been moved by the Plaintiff seeking to introduce various amendments in the plaint which has been filed in the original suit. The suit seeks a declaration that the sale deed dated 18 February 2001 conveying title upon Defendant No.1 with respect to the first floor of property bearing No. B-217, Greater Kailash-I, New Delhi-110048 [Suit Property] is liable to be declared as being null and void.

2. The case as set forth in the plaint is that the father of the Plaintiff purchased the suit property sometime in the year 1964 and constructed a house which stands thereon. The Plaintiff is alleged to have shifted out of the suit property upon her marriage in 1976. It is her case that in 1979 and upon the suit property being renovated, the second Defendant moved to the first floor from the ground floor of the suit property. It is averred that the Defendants continued to occupy the first floor of the suit property before completely vacating the same and shifting to the second floor sometime in January 2003.

3. It is asserted that in 1994 the Plaintiff along with her husband and son moved into the suit property and began residing on the first floor th

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