VINEETA SHARMA Vs. RAKESH SHARMA & ORS

JUDGEMENT

(1.) The suit from which the present Appeal arises, was filed by Smt. Vineeta Sharma-Plaintiff/Appellant (hereinafter "Plaintiff") against her two brothers Mr. Rakesh Sharma-Defendant No.1 and Mr. Satyendra SharmaDefendant No.2 and Mrs. Rameshwari Sharma Defendant No.3 (hereinafter, "Defendants"). Defendant No.3 is the mother of the Plaintiff and Defendants Nos.1 and 2.

(2.) Sh. Dev Dutt Sharma, had purchased a plot of land admeasuring 250 sq. yards bearing No.A-53, South Extension, Part-II, New Delhi from DLF Housing and Construction Ltd (hereinafter, "suit property"). The property has 2 floors, which were constructed by Sh. Dev Dutt Sharma. He was residing in a government accommodation and in 1974, after he retired, he shifted to the suit property with his family and occupied the First Floor. The Ground Floor and Barsati were rented out to various tenants. One of the tenants was Bank of Baroda. An eviction petition was filed against the said bank by Shri Dev Dutt Sharma and during the pendency of the suit, he expired on 11th December, 1999. He expired intestate.

(3.) Sh. Dev Dutt Sharma had three sons, one daughter and a wife. One son, Dr. Shailendra Sharma expired on 1st July, 2001 and he was unmarried. At the time of the death of Dr. Shailendra Sharma, the Plaintiff claimed that being the daughter, she was entitled for share in the property. It was her case, that she used to frequently visit her parental home and she also had some movable items lying there. After the death of her father, vide legal notice dated 17th October, 2001, she sought partition of the property and upon refusal by the Defendants, the suit came to be filed.