WASEEMA & ANR Vs. SAEEDAH HAQUE & ORS

JUDGEMENT

(1.) I A No.4849/2018 (for exemption)

(2.) The application is disposed of.

(3.) The two plaintiffs namely Waseema and Naseema, in this suit for partition, declaration, permanent and mandatory injunctions against their three siblings namely Saeedah Haque, Ahmed Mauji Khan and Amjad Ali Khan, seek (i) partition of property No.L-57, Abdul Fazal Enclave, Jamia Nagar, Okhla, New Delhi admeasuring 500 sq. yds., claiming to be entitled to 200 sq. yds. therefrom; (ii) declaration that the defendant No.1, by way of General Power of Attorney (GPA), Agreement to Sell and Affidavit dated 28th April, 2001 in favour of the plaintiffs transferred 200 sq. yds. of the said property to the plaintiffs and the defendant No.1 had no legal right to transfer the property in favour of the defendant No.2 by executing the registered GPA dated 19th November, 2013; and, (iii) mandatory injunction and permanent injunction restraining the defendants from dealing with the property.