(1.) The parties are sisters in law. The petitioner in the Writ Petition and the Appellant in Appeal was the defendant in the original Suit. The respondent in the Writ Petition and Appeal was the original plaintiff.
(2.) The plaintiff sued for an order against the disturbance of her possession in the suit premises and against the creation of third party rights in the suit premises by the defendants.
(3.) It is the case of the plaintiff that she owned and possessed one property which was ground floor of a row house. One Dhiraj, who is stated to be husband and who shall be so referred to hereinafter, owned and possessed the first floor of that row house. The parties were married and lived in Abu Dhabi where she carried her business and the husband looked after the financial affairs of the business. She came to India twice or thrice when she lived in the suit property and had kept it locked whilst she was in Abu Dhabi. The relations between the parties were strained and the plaintiff came to India in 2009. She lived in the suit premises whilst in India. She also lived in Abu Dhabi whilst she went there for her business. Since a party can live at more than one place and own and possess more than one property that aspect is not material. What is material is that the plaintiff owned the suit property.