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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 3281-3282 of 2002

PETITIONER:

JASKIRAT DATWANI

Vs.

RESPONDENT:

VIDYAVATI & ORS.

DATE OF JUDGMENT: 03/05/2002

BENCH:

Syed Shah Mohammed Quadri & S.N. Variava

JUDGMENT:

WITH Civil Appeal No. of 2002[Arising out of SLP (C) No. 16183 of

2000]

J U D G M E N T

S. N. VARIAVA, J.

1) Leave granted.

2) Heard parties.

3) Briefly stated the facts are as follows:

One Lt. Dina Nath Ahluwalia filed Suit No. 2248 of 1985, against

Respondents 7 to 9 (herein). In the Suit the said Lt. Dina Nath

Ahluwalia claimed that he has become the absolute owner of the

Annexe Building on land measuring 163 Sq. Metres in No. 6, Friends

Colony (West), New Delhi together with easementary rights and

passages. The claim to ownership was based on a Will dated 28th

August, 1984 executed by the then owner of the property one

Rajeshwari Devi. Respondents 7 to 9 claimed to have inherited this

property through the same Smt. Rajeshwari Devi but by a will dated

23rd May, 1982.

4) An interim application seeking an injunction against Respondents

7 to 9 restraining them from transferring or alienating the