JUDGMENT

S.B. SINHA , J :

Leave granted.

An order of remand passed by a Division Bench of the Delhi High Court dated 07.11.2003 passed in R.F.A. No. 435 of 1992 is in appeal before us.

The parties are sisters being the daughters of Shri Tara Chand Madan and Smt. Budho Bai (since deceased). Tara Chand Madan died on 21.03.1954. Smt. Budho Bai executed a deed of sale in respect of the property bearing No.16/26, Old Rajinder Nagar, New Delhi, by a registered deed dated 14.06.1965. She allegedly disowned Respondent No.1 as her daughter. A Will was executed by her on 22.02.1977, beneficiary whereof was said to be the appellant. Smt. Budho Bai died on 20.04.1980.

Appellant filed an application for mutation of her name. Respondent filed a suit for perpetual injunction, which was marked as Civil Suit No. 308 of 1980, claiming, inter alia, for the following reliefs :

"(a)A decree for perpetual injunction restraining the Defendant No. 3 from dealing the said property in any manner whatsoever and from getting the said property No. 16/26, situated at Old Rajinder Nagar, New Delhi, together with the lease hold rights of the land thereunder admeasuring 85 sq. yds. Or thereabouts substituted/tr