(1.) By this order, it is proposed to decide IA No. 7030/2004 filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC; IA No. 8157/2004 filed by the defendant No. 1 under Section 151 CPC for clarification of the order dated 15.10.2004; IA 3857/2005 for preponement of the date of hearing (it having become infructuous); IA No. 4671/2005 under Section 151 CPC filed by the defendant No. 1 for renewal of the lease deed; IA No. 4702/2007 filed by Defendant No. 1 for release of the rent and IA No. 8753/2008 Under Order XL Rule 1 filed by the plaintiffs.
(2.) The aforesaid interim applications arise out of the suit for declaration, injunction and rendition of accounts filed by the plaintiff Gita Abhyankar against the defendant No. 1. The plaint discloses that the plaintiff Gita Abhyankar was the only child of late Mr. Kewal Singh and late Mrs. Shamie Singh. The defendant No. 1 is the son of the plaintiff and the brother of the defendant No. 2.
(3.) Mr. Kewal Singh during his lifetime had acquired, apart from various movable assets, three immovable properties, viz., Property No. 1/31, Shanti Niketan, New Delhi; Plot No. 84, Jacraunda Marg, DLF Qutab Enclave, Gurgaon and a Farm House in Village Carter Puri, District Gurgaon. The plot of land at Shanti Niketan measuring 2000 sq. yds. was purchased by late Mr. Kewal Singh in his own name by virtue of a perpetual lease deed registered in his favour on 24.10.1967.
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