Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Interpretation of a Will executed by one Shri Murari Lal Gupta, predecessor-in-interest of the parties herein falls for consideration in this appeal which arises out of a judgment and order dated 20th December, 2007 passed by a Division Bench of the Delhi High Court in F.A.O. (OS) No.268/2006.

3. Murari Lal Gupta and Girdhari Lal Gupta were brothers. A property bearing No.C-11, Green Park Extension, New Delhi stood in the name of Murari Lal Gupta (the testator). A double storeyed building and a barsati were constructed thereon. The said property was the subject matter of the Will.

Appellant herein is one of the heirs and legal representatives of the testator. He filed a suit for partition in the original side of the Delhi High Court. The said suit was, in view of the issues involved, namely, interpretation of the will, taken up for hearing on the basis of pleadings of the parties. A preliminary decree was passed, directing:

"(i) The plaintiffs together will get 1/4th of the half share of the branch of Late Murari Lal Gupta;

(ii) The defendants Nos. 1 (a) and 1(b) shall together get 1/4th out of the half share of Late Murari Lal Gupta;