Tue. Sep 22nd, 2020

Marguerite Chawla vs Miss Kiran Abnashi Chawla & Anr on 5 October, 2015

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IA No.1253/2015 in CS(OS) No.2951/2014
1. This application seeks a judgment and decree on the basis
of admissions made in the written statement of the defendants.
The plaintiff had filed the present suit under Section 6 of the
Specific Relief Act seeking to recover possession of the first
and barsati floor of the property bearing No.N-258, Greater
Kailash, New Delhi-110048.
Contentions

2. It is the plaintiff’s case that she was married to Sh. H.P.S.
Chawla on 16th April, 1963. He expired on 4.3.2014. She lived
in India off and on and in 1989 she set up a home with husband
Sh. H.P.S. Chawla; she was in possession of the property all
CS(OS) 2951/2014 Page 1 of 21
along but has been surreptitiously dispossessed therefrom by the
defendants while she was on way back from the United States of
America after her husband’s demise. She is presently 70 years’
old and lives in USA. Accordingly, the plaintiff seeks
restoration/recovery of possession to her. This suit has been
filed before the expiry of 6 months from the date of
dispossession. In paras 1, 4, 6, 7, 8, 15, 22 and 23 of the plaint,
the plaintiff has averred as under:

Source: Indian Kanoon

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