( 1 ) IA No. 11944/92 is an application under Order 12 Rule 6 and under order 40 Rule I read with Section 151 Civil Procedure Code. filed by the defendant No. 2 for a judgment on admissions and for appointment of a receiver for the suit properties.

( 2 ) THE plaintiff filed the present suit for partition, rendition of accounts and for a permanent injunction restraining the defendants from interfering with the plaintiffs possession over a portion of the property bearing No. . 1607-08, Dariba Kalan, Delhi. According to the plaintiff, her husband Subhash Chand Gupta (since deceased) and Dinesh Chandra (defendant No. 1) were real brothers. They were joint owners of the following properties :-

(I) Property bearing No. 1607-08, Dariba Kalan, Delhi.

(II) Properly bearing No. 818, Chhota Bazar, Kashmeri Gate, Delhi.

(III) Properly No. C-7, Geetanjali, New Delhi.

( 3 ) DEFENDANT No. 1 sold the properly bearing No. 818, during lifetime of Subhash Chand Gupta. Defendant No. 3 is the adopted daughter of Subhash Chand Gupta. There are three shops in the ground floor of the property bearing No. 1607-08, which are in possession of tenants. First and second floor of the said properly are in occupation of the plaintiff and the defendant Nos. 1 and 2 respectively. Property No. C-7, Geetanjali, New Delhi is in occupation of a tenant. It is alleged that on 20. 3. 1991, Subhash Chand Gupta died intestate as a result whereof the plaintiff and defendant Nos. 1 and 3 became co-owners of the aforesaid properties and their respective shares are as under :-

( 4 ) ACCORDING to the plaintiff after the death of plaintiffs husband, defendants wrongfully removed debentures, shares, National Saving Certificates fixed deposit receipts and other documents belonging to the deceased Subhash Chand from plaintiffs possession. The defendants No. 1 and 3 have not paid to plaintiff her l/4th Share of the rent realised by them from the tenants, and they had also attempted to dispossess plaintiff from the portion of the house No. 1607-08 occupied by her.

( 5 ) DEFENDANTS 3 and 4 resisted the plaintiff s suit contending that on 24. 11. 1968, late Subhash Chand Gupta married Smt. Prakash. Since they did not have any issue, they adopted defendant No. 3 (daughter of the defendant No. 4) vide registered adoption deed dated 24. 7. 1981. On 16. 7. 1988, Smt. Prakash died leaving behind her husband and the daughter (defendant No. 3) as her legal heirs to succeed her property detailed in Annexure A. On 10. 12. 1990, late Subhash Chand married the plaintiff. On 16. 9. 1988, Subhash Chand executed a registered Will bequeathing his properties to defendant No. 3. Subhash Chand died on 20. 3. 1991. It is alleged that the residential house on plot No. C-T, Geetanjali was jointly owned and possessed by Subhash Chand and his brother Dinesh Chand (defendant No. 1), the same having been acquired by them by testamentary succession through the registered will dated 13. 12. 1973 executed by their grand mother Smt. Nirmala Devi. It is also alleged that property bearing No. 1607-B Dariba Kalan is an old residential house with shops and godown on the ground floor. The said property was also jointly owned and possessed by the defendant No. 1 and late Subhash Chand. Subhash Chand had bequeathed his 1/2 undivided share in the said house to defendant No. 3 under the registered will dated 16. 9. 1988. It is further alleged that after the death of Subhash Chand, defendant No. 3 became the absolute owner of the properties (detailed in Annexure-A) left by late Smt. Prakash. As regards the properties left by Subhash Chand (detailed in Annexure B), defendant Nos. 1 and 3 became owners thereof is equal shares. Defendant No. 3 is absolute owner of the properties mentioned in Annexure C and the properties detailed in Annexure D came to be acquired by defendant No. 3 by way of gift from her parents and maternal grandt-parents. Defendant No. 3 has also preferred a counter claim for declara