Prathiba M. Singh, J.

1. The suit from which the present Appeal arises, was filed by Smt. Vineeta Sharma-Plaintiff/Appellant (hereinafter ‘Plaintiff’) against her two brothers Mr. Rakesh Sharma-Defendant No.1 and Mr. Satyendra Sharma-Defendant No.2 and Mrs. Rameshwari Sharma – Defendant No.3 (hereinafter, ‘Defendants’). Defendant No.3 is the mother of the Plaintiff and Defendants Nos.1 and 2.

2. Sh. Dev Dutt Sharma, had purchased a plot of land admeasuring 250 sq. yards bearing No. A-53, South Extension, Part-II, New Delhi from DLF Housing and Construction Ltd (hereinafter, ‘suit property’). The property has 2½ floors, which were constructed by Sh. Dev Dutt Sharma. He was residing in a government accommodation and in 1974, after he retired, he shifted to the suit property with his family and occupied the First Floor. The Ground Floor and Barsati were rented out to various tenants. One of the tenants was Bank of Baroda. An eviction petition was filed against the said bank by Shri Dev Dutt Sharma and during the pendency of the suit, he expired on 11th December, 1999. He expired intestate.

3. Sh. Dev Dutt Sharma had three sons, one daughter and a wife. One son, Dr. Shailendra S