ANITA KUMARI GUPTA Vs. VED BHUSHAN

JUDGEMENT

(1.) Ia No. 14420 of 2011 (u/O VII Rule 11 CPC) & CS (OS) No. 1093 of 2011

(2.) The case of the Plaintiff is that she is the youngest of the children of the deceased father late Mr. Pitamber Lal and mother late Mrs. Lajwanti Devi. She is a non-resident Indian ('NRI'). Soon after marriage, the Plaintiff settled in Australia. However, she claims to have retained the physical possession of one room at the ground floor and another room on the first floor of the suit property where she has been keeping her belongings. It is stated that whenever she visits India, she stays in the said rooms in her possession.

(3.) It is stated that the father, late Mr. Pitamber Lal, died on 18th December 1965 and the mother late Mrs. Lajwanit Devi expired on 28th March 1991. The suit property is stated to have been purchased by her father late Mr. Pitamber Lal in the early 1950s and thereafter a building was also constructed by him soon thereafter. After the death of the father, the suit property devolved on the mother of the Plaintiff and Defendants 1 to 4. It is further stated that the mother late Mrs. Lajwanti Devi died intestate and the Plaintiff inherited 1/6th undivided share in the suit property.