( 1 ) IN this suit the Plaintiff has sought partition, rendition of accounts and declaration against the legal heirs of her deceased brother in respect of properties belonging to her mother late Dr. (Mrs.) Raseel Kohli. One of the properties which falls for consideration is 6-B, Jangpura Extension, Mathura Road, New Delhi (suit property ).

( 2 ) IN this suit the Applicants, namely, Mrs. Harnam Kaur, Mrs. Mahinder Kaur and Shri Jagjit Singh, all partners of M/s. Texla Service Centre, 6-B, Jangpura Extension, Mathura Road, New Delhi, have filed an application under Order XXII Rule 10 and under Order 1 Rule 10 read with Section 151 of the Civil Procedure Code through their Advocate Shri K. C. Dewan. It has been pleaded, inter alia, that the Plaintiff has prayed for a Declaration that she is the absolute owner of the suit property. These applicants, who are admittedly in possession of the suit property, claimed to be the owners thereof by virtue of "being assignees of the interest of the deceased Major K. V. Kohli".

( 3 ) THIS application has been strenuously opposed by the Plaintiff and it is her submission that the Applicants are trespassers of the suit property; t