MARGUERITE CHAWLA Vs. KIRAN ABNASHI CHAWLA AND ORS.

JUDGEMENT

(1.) IA No.1253/2015 in CS(OS) No.2951/2014

(2.) It is the plaintiff's case that she was married to Sh. H.P.S. Chawla on 16th April, 1963. He expired on 4.3.2014. She lived in India off and on and in 1989 she set up a home with husband Sh. H.P.S. Chawla; she was in possession of the property all along but has been surreptitiously dispossessed therefrom by the defendants while she was on way back from the United States of America after her husband's demise. She is presently 70 years' old and lives in USA. Accordingly, the plaintiff seeks restoration/recovery of possession to her. This suit has been filed before the expiry of 6 months from the date of dispossession. In paras 1, 4, 6, 7, 8, 15, 22 and 23 of the plaint, the plaintiff has averred as under:

(3.) The plaintiff claims that there has been a clear admission by defendant No.1 of her averments in the plaint that the plaintiff was the legally wedded wife of late Sh. H.P.S.Chawla and is the only Class-I legal heir who was the sole owner of the suit property and that it was her husband's permanent residence in India before his demise.