V.K.SHALI,J. - (1.) THIS is a regular second appeal filed by the appellant against the judgment dated 21.03.2007. Vide the impugned judgment, the appeal of the appellant against the judgment of final decree of partition dated 12.07.2006 passed by the trial court was dismissed.
(2.) I have heard the learned counsel for the appellant as well as the learned counsel for the respondents. Before dealing with the submissions made by the learned counsel for the appellant, it will be pertinent to give the brief facts of the case.
(3.) A suit for partition was filed by R -3/Mr.Kewal Prakash Dhingra against his two brothers namely R -2/Mr.Gurbachan Inderjit Singh and the appellant herein/Kanwar Inderjit Singh. It may also be pertinent to mention here that R -1/Kewal Prakash Dhingra (since deceased) and now represented by legal heirs in the present appeal, is purported to have purchased the share of R -2/Mr.Gurbachan Inderjit Singh. The case which was set up by R -3/Mr.Mohan Singh in the suit was that there was a shop bearing no.20/41, Old Market, West Patel Nagar, New Delhi, which was owned by their late father Sh. Sampuran Singh, who is alleged to have made a Will in respect of this shop on 29.10.1958 creating a life interest in respect of the said shop in favour of his widow Smt.Parkash Kaur so long as she was alive and after the demise of Smt.Parkash Kaur, 50% of the interest in the shop was bequeathed in favour of R -3/Sh.Mohan Singh and 25% each in favour of R -2/Mr.Gurbachan Inderjit Singh and the appellant herein/Kanwar Inderjit Singh.;