KAVITA SHARMA Vs. KAMALJEET SHARMA

JUDGEMENT

(1.) The application under Order XII Rule 6 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), has been filed on behalf of the plaintiff for Judgment on Admission for Partition, Mandatory Injunction and Permanent Injunction.

(2.) The facts in brief are that the plaintiff, Ms. Kavita Sharma is the wife of late Sh. Rakesh Sharma who was the real brother of the defendant, Mr. Kamaljeet Sharma. Admittedly, the Suit property bearing No. B-18, Kirti Nagar, New Delhi (hereinafter referred to as suit property) was sold by its erstwhile owner, Shyam Sunder Vohra, Ms. Santosh Kumari and Ms. Anita Vohra, vide Registered Sale Deeds in favour of the plaintiff and the defendant. The details of the Sale Deeds are as under:-

(3.) Thus, according to the aforementioned Sale Deeds, the plaintiff is the exclusive lawful owner by virtue of the aforesaid Sale Deed dtd. 13/6/2000 and is entitled to access of the entire second floor of the Suit property. Likewise, the defendant is the exclusive owner of the Basement of the subject property. Further, the plaintiff and defendant admittedly own half undivided share in the ground floor and the first floor of the Suit property as per Sale Deeds dtd. 28/4/2000 and 15/5/2000, respectively.