KAMLESH SHARMA ALIAS KAMLESHKUMARI Vs. SATYA DEVI

JUDGEMENT

(1.) Two sisters, namely, Smt. Kamlesh Sharma and Smt. Renu Rai, plaintiffs in the matter, have filed the present suit for partition, possession and permanent injunction in respect of the property bearing No.D-147, Block No. D at Surajmal Vihar, (also known as Teachers Colony), Delhi (hereinafter referred to as the suit property) against their mother (defendant No.1), brother (defendant No.2) and two sisters (defendants No.3 and 4).

(2.) The facts of the case as per plaint are that their father, Late Mr. Suraj Prakash Sharma died intestate on 27.12.1989, leaving behind his wife, Mrs Satya Devi, defendant No.1 herein, his son Mr. Satender Kumar Sharma, defendant No.2 herein, his four daughters, namely Ms. Sudesh Kumari, Ms. Anita Kumari who are defendant Nos. 3 & 4 respectively and plaintiffs.

(3.) It is stated in the petition that at the time of his death, deceased was the owner and in possession of the suit property and as the deceased died intestate without any Will or any other deed in favour of any person, therefore, as per the Hindu Succession Act, 1956, the plaintiffs being daughters of the deceased, are entitled to get 1/6 th share of the suit property.