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RAJIV SAHAI ENDLAW, ASHA MENON
Savita Anand – Appellant
Versus
Krishna Sain – Respondent
JUDGMENT
Asha Menon, J. - The present appeal has been filed by the plaintiff before the learned Single Judge, being aggrieved by the dismissal of her suit vide the impugned judgement dated 18th July, 2018.
2. The suit was filed by Smt. Savita Anand, (hereinafter referred to as the "appellant") for partition and permanent injunction against three defendants, namely, her mother Smt.Krishna Sain (who has since expired during the pendency of the appeal and will be referred to for convenience as ''D1''), her sister Smt.Sarita Mullick (hereinafter referred to as ''D2'') and her brother Sh.Sanjeev Sain (hereinafter referred to as ''D3''). Partition was sought of property bearing number E-27, Block No. B-1 Extension, Mohan Co-operative Industrial Estate, New Delhi, ad measuring 1422.81 sq. yds (for short, "suit property").
BACKGROUND FACTS
3. Briefly stated the case of the appellant was that the suit property belonged to her father late Yashpal Sain and as one of his legal heirs, she was entitled to 1/4th share in the said property, upon the demise of her father. The case set out in the plaint was that late Yashpal Sain had come to India from Lahore, Pakistan on Partition of the country and
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