Prathiba M. Singh, J.

1. This appeal impugns order dated 21st February, 2017 passed by the Learned Additional District Judge dismissing the suit of the Plaintiff under Order VII Rule 11 read with Order II Rule 2 of the Code of Civil Procedure, 1908 (hereinafter, ‘CPC’).

The brief facts are :

2. Mr. Anand Bhardwaj and Mr. Nitya Nand Sharma were brothers. Mrs. Veena Bhardwaj, wife of Mr. Anand Bhardwaj and Mr. Nitya Nand Sharma jointly purchased property bearing No. F-4/100, Subhash Vihar, Delhi-110053 measuring 200 Sq Yards. Mr. Nitya Nand Sharma is no more. His family is in possession of his share of the property. As per the plaint, the following are the portions occupied by the two families:

“4. That the plaintiff along with her husband and Late Sh. Nitya Nand Sharma, husband of the defendant raised construction on the plot in question measuring 200 Square yards and the plaintiff raised the construction in rear portion measuring about 94 Sq Yards. That about 30 Sq. Yards land in front portion remained open for constructing shops as and when required. And Sh. Nitya Nand