LAWS(DLH)-2019-1-159

KUMARI SUSHILA YADAV Vs. ATUL CHAUDHARY

Decided On January 15, 2019
Kumari Sushila Yadav Appellant
V/S
Atul Chaudhary Respondents

JUDGEMENT

(1.) The present suit for recovery of possession, damages and mesne profits has been filed by the Plaintiff - Kumari Sushila Yadav against Lt. Col. Atul Chaudhary, his wife Mrs. Punam Chaudhary and son Mr. Pranav Chaudhary.

(2.) The Plaintiff is the daughter of Late Chaudhary Surat Singh. She had two brothers. Her elder brother was Shri Surender Yadav and her younger brother was Shri Satish Chandra Yadav. Defendant No.1 - Lt. Col. Atul Chaudhary is the son of Shri Surender Yadav, her elder brother. Defendant No.2 is the wife of Defendant No.1 and Defendant No.3 is the son of Defendant No.1.

(3.) The case in the plaint is that the Plaintiff is the sole and absolute owner of property bearing No. E-39A, East of Kailash, New Delhi-110065 (hereinafter "the suit property"). The said property is divided into two halves i.e. East Wing and West Wing. The Plaintiff resides in the West Wing admeasuring 230 Sq. Yards along with the sons and daughters of Late Shri Satish Chandra Yadav. The East Wing admeasuring 230 Sq. Yards is in the occupation of the Defendants. Both the Wings of the property are connected by a common staircase, with access to the basement and upper floors. Both the Wings also have independent entrances.