ANU GUPTA Vs. VIJAY GUPTA

JUDGEMENT

(1.) The present application has been filed on behalf of the plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) seeking decree of possession in respect of ground, first and second floor of the property bearing No.WZ-36A/2, Krishna Park Extension, New Delhi-110018, on the basis of admissions made by the defendants in their written statements.

(2.) Notice in this application was issued on 16/3/2021, and the reply has been filed on behalf of the defendant no.1 on 9/4/2021. The rejoinder has also been filed thereafter.

(3.) The case set up by the plaintiff in the plaint is that the suit property was owned by the plaintiff's husband Late Sh. Ashok Kumar by virtue of a Sale Deed dtd. 18/1/1995. Late Sh. Ashok Kumar expired intestate on 27/2/2015 and therefore, the plaintiff and her two children, Himanshu Gupta and Prachi Goel, became joint owners of the said property. Vide relinquishment deed dtd. 25/5/2017, the children of the plaintiff relinquished their share in the aforesaid property in favour of the plaintiff. Therefore, the plaintiff became sole and absolute owner of the suit property and the property was duly mutated in her favour by the South Delhi Municipal Corporation vide letter dtd. 27/2/2020.