BADAR DURREZ AHMED, J.

( 1 ) THE suit as well as the probate case have been instituted by Mrs. Pamela Kumar. Both the matters were heard together on the preliminary issues framed therein. Since the facts are common to both the suit and the probate case, this common judgment shall dispose of the preliminary issues in both the matters.

( 2 ) THE suit is essentially one of partition and possession in respect of the property bearing No. 28, Fire Brigade Lane, New Delhi. Mrs. Pamela kumar (the plaintiff) claims a half share in the said suit property. On the basis of such claim she seeks a decree of partition and possession in respect of the said half share as also mesne profits against the defendant No. 1 (Mr. Chandrashekhar ). The other defendants, namely, Mr. Arun Mohan (defendant No. 2), Mrs Lalita Steinmetz (defendant No. 3), Mrs Mala Goel (defendant No. 4), the Land and Development Office (defendant No. 6) and the District Judge, Tis Hazari (defendant No. 7) are not contesting defendants. The defendant No. 5 had been deleted vide order dated 15. 10. 2001. In the suit the plaintiff ( Mrs. Pamela Kumar) has also sought a declaration that the decree dated 02. 09. 1966 in RFA No. 140

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