Breif Md. Asif

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BRIEF :- MD.

ASIF Versus GUDDO

FACTUAL MATRIX:- Te property bearing NO. House No. 178, Chatta Lal Mian , Dariyaganj, New
Delhi-110002 had been restored to M. Sadiq and his brother through letter bearing reference No.
5(232)/rent/57/2738 dated 17.07.1957 under section 16 of Administration of Evacuee property Act 1950
duly issued by Govt. of India, Ministry of Rehabilitation, and therefore Defendant No. 3 and 4 are owner
of the property being legal heir of Md. Sadiq

The said property has been granted on license to Md. Mustkeem by Md. Jamalluddinn i.e. father of
Defendant No.3. The defendant No.3 and 4 had filed civil suit for Declaration and permanent injunction
and the same is pending adjudication before the Hon`ble Court of Collette RAshmi Kujur, ADJ-10, Tis
HAzari Court and the same is listed on 25.07.2021 for further purpose. The Hon`ble ADJ Court pleased
to pass an order dated 26.10.2021 thereby restraining the defendants, {erstwhile owner i.e. Md.
Mustkeem) to further demolition and construction and to material alter the nature of suit property.

NOTE :- The Present suit is filed on Sham transaction as the plaintiff is close relative of Md.
Mustkeem and only to deprive and defeat the just and valuable rights of Defendants. Hence the
Application under order XXXIX rule 1 and 2 deserve to be dismissed.

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