VANDANA SHARMA Vs. ANKUR SHARMA

JUDGEMENT

(1.) THIS order will dispose off IA No: 12288/07 in CS (OS) No. 2099/2007, in which the Applicant/ Plaintiff seeks relief under Order 39 Rule1and 2, restraining the Defendants/ Non applicants from interfering with her exclusive possession of the first floor portion as also the joint possession the ground/mezzanine floor, Barsati portion of the Property bearing No. 166/e Kamla nagar Delhi ( hereafter "suit property" ).

(2.) THE facts relevant for the present purposes are as follows: the suit property was owned by Late Shri Om Prakash Sharma who died intestate on 16th May 1999, the Plaintiff and Defendant, being his daughter and son, are the only legal heirs with respect to the said property. Their mother predeceased the father on 10th August 1983. The suit property consists of a ground floor portion, first floor, second floor, and a Barsati portion. According to the plaintiff, the ground floor and the mezzanine portion are in the joint possession of the Plaintiff and Defendant and are rented out along with the barsati floor, which is also in their joint possession. The first floor and the second floor, the Plaintiff submits, are in possession of the Plaintiff and defendant respectively.

(3.) IT is submitted by the Plaintiff that the Defendant moved into the second floor of the aforesaid property along with his family in late 2006. She avers that since then the Defendant has been harassing her and also interfering with her peaceful enjoyment of the property. She submits that over the past two years she has been demanding that the suit property be partitioned and she be given ownership of the first floor along with the joint ownership of the barsati floor, ground floor and mezzanine floor, and that the Defendant could take the second floor alongwith the joint ownership of the barsati floor, ground floor and mezzanine floor. She avers that the Defendant has been unrelenting and that he has been disturbing her exclusive use of the first floor of the said property. She also claims the Defendant has been over the years, collecting rents from the Barsati floor and has not divulged any accounts or given her share of the profits. She also alleges that the Defendant has resorted to physical violence on her and her family members on a number of occasions and that she also complained to the police in this regard.