YASHODA GUPTA Vs. SUNITI GOYAL

JUDGEMENT

(1.) The Plaintiff is one of the daughters of late Rai Saheb Om Prakash Gupta (hereinafter referred to as the deceased) who passed away on 29th November, 1982. Apart from the Plaintiff, the deceased left behind his widow and four other daughters.

(2.) The other daughters of the deceased are Defendants No.1 to 4 while the widow was Defendant No. 5. The widow has also passed away. It is, therefore, now an unfortunate contest between the Plaintiff and her sisters for the estate of the deceased. According to the Plaintiff, the deceased left behind a plot and a building constructed thereon bearing No.5/17, Shanti Niketan, New Delhi. He also left behind some cash in banks and some securities.

(3.) The Plaintiff filed a suit for partition of the property of the deceased. She claimed 1/6th share in the property. According to the averments made in the plaint, the Defendants (including the mother) were trying to dispose of the immovable property and take away the moveable assets of the deceased, thereby depriving the Plaintiff of her legitimate share in the property of the deceased.