P.C.JAIN, USHA MEHRA, R.C.CHOPRA
SNEH LATA MATHUR – Appellant
Versus
BRIJ RAJ BAHADUR – Respondent
( 1 ) THIS order shall dispose of plaintiff s application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil procedure for injunction directing the defendants to permit the plaintiff to occupy and use the portion REFERRED TO to as House No. II in the site plan attached with the plaint in respect of Suit property no. 14, Jamuna Road, Civil Lines Delhi.
( 2 ) THE facts relevant for the disposal of this application, briefly stated, are that the plaintiff is a widow aged about 87 years. The defendant No. 1 is her brother, defendants No. 2 and 3 are her sisters. Defendant No. 4 is the daughter of defendant No. 1 and defendant No. 5 is the husband of defendant No. 4. According to the plaintiff the suit property was inherited by her father Sardar bahadur in the course of a partition with his brothers and after the death of her father and mother the suit property has devolved upon the plaintiff and defendants 1,2 and 3 in equal shares. They, therefore, are co-owners of the suit property having 1/4 share each. The suit property is comprised of three built up structures. The largest built up portion located almost in the centre of the property, having about 8
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