( 1 ) THE present suit was instituted by the plaintiffs against the defendants, seeking for declaration and partition in respect of the property bearing No. 313, Faiz Road, Gali Nos. 10 and 11, Karol Bagh, New Delhi. The plaintiffs also prayed for a declaration that the Agreement to Sale dated 15. 1. 1973, 18. 12. 1974 and 6. 12. 1978 pertaining to the aforesaid suit property are not legal and valid and not binding upon the plaintiffs.

( 2 ) ON the admission of the plaintiffs and the defendants No. 1 and 5, this Court by order dated 8. 3. 1996 passed a preliminary decree in the suit declaring the share of the plaintiffs and the defendant No. 1 in the suit property as half share and the share of the defendant No. 5 in the light of the judgment in the case of Sardar Singh Vs. Smt. Krishna Devi and Am. reported in Vol. 54 (1994) DLT 500 (Supreme Court) as the remaining half in the suit property.

( 3 ) BY a further order, the Court appointed Mr. V. K. Seth, Advocate, as a Local Commissioner to report as to whether the suit property could be partitioned/divided by metes and bounds between defendant No. 5 and defendant No. 1 (with plaintiffs) as per the share determined ab