Devinder Gupta, J.

( 1 ) THIS is an application seeking amendment in the plaint.

( 2 ) THE facts leading to the filing of the suit were stated in the order passed on 30th January, 1995 while disposing of an application under Order 39 Rules 1 and 2 Civil Procedure Code. but again a brief resume of the same deserves to. be made while disposing of this application. Some of the facts as are relevant are taken as such from the order dated 30th January, 1995.

( 3 ) ONE Narayan Dutta was the perpetual lessee of immoveable property bearing No. l3, Barakhamba Road, New Delhi and owned the residential house and out houses standig thereupon. Narayan Dutta expired on 7. 11. 1950 leaving behind a son Krishan Dutta and three daughters, namely, Vidyawati, Kaushlaya and Sumitra Sahai and widow Karam Devi. Only Sumitra Sahai, the plaintiff, is alive. The other two daughters expired in the year 1990. Widow Karam Devi expired in 1969 and the son Krishn Dutta expired on 24. 9. 1976.

( 4 ) IT is the plaintiffs case that Narayan Dutta expired intestate and on his death property was jointly inherited by his son Krishan Dutta, widow and three daughters in equal shares and on the death of widow, her estate

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