( 1 ) THROUGH this suit the plaintiff has sought the partition of the property bearing No. 3851, Gali churiwalan, Prem Narain Road, Chawri Bazar, Delhi on account of her being one of the legal heirs of the deceased owner Smt. Parwati Devi who was mother of the plaintiff. Defendant No. 1 Rajo Devi was another daughter. Defendants 2 to 7 are the legal heirs of Smt. Rajo Devi. Defendant No. 8 Bal Kishan who is the son of defendant No. 1 was impleaded on the plea raised by defendant No. 1 in the written statement that Smt. Parwati Devi had adopted him when he was hardly five years old and had executed a Will bequeathing the suit property in his favour on 31/01/1976.

( 2 ) HOWEVER, there is no dispute that Parwati Devi was the absolute owner of the suit property as defendants themselves have pleaded that Shri Basdev, the husband of smt. Parwati Devi had executed a will dated 24/06/1949 in her favour. Parwati Devi executed the will in favour of defendant No. 1 on 31/01/1976 and got it registered on 4/02/1976. Though the plea set up by defendant No. 1 regarding the adoption of defendant No. 8 was initially vehemently opposed and resisted by the plaintiff firstly on the ground