(1.) THE plaintiff has filed the suit seeking a decree of partition and permanent injunction against the defendant in respect of the suit property situated at D -129, Defence Colony, New Delhi (hereinafter referred to as 'the suit property'). The plaintiff claims to have inherited 1/6th share in the suit property after the death of her grandfather Late Lt. General S.N. Mubayi.
(2.) THE plaintiff is the daughter of late Mr. Sanjay Mubayi and defendant No. 3. The plaintiff is the only child born from the wedlock. Mr. Sanjay Mubayi (father of the plaintiff) died on 4.9.1996. He was survived by the plaintiff as his only child, the defendant No. 3 (widow), his father late Lt. General, S.N. Mubayi (who is now deceased), defendant No. 1 (mother) and defendant No. 2(his brother).
(3.) AS per the averment in the plaint , the plaintiff was born in the suit property on 4.1.88. Due to some reasons and pursuant to an understanding between the plaintiff's mother (defendant No. 3) and the plaintiffs grandparents (including defendant No. 1), her mother took up residence in her parents home in Vasant Vihar. However, the plaintiff's case is that she visited her grandparents almost daily.