( 1 ) THE plaintiff has filed a suit for permanent injunction against the original defendants in respect of the property bearing No. 1, Tughlak Lane, New Delh. The plaint was subsequently amended and suffice to say at this stage that defendants no. 7 and 8, now impleaded in the suit, are not members of the family while the plaintiff and the other defendants are members of the same family.

( 2 ) LATE Shri L. Hanuman Pershad Gupta was Karta of a HUF styled as M/s Deoki nandan and Sons and one of the assets acquired by the said HUF was the property in suit in pursuance to a perpetual lease deed dated 13. 10. 1937. On the said plot a construction was raised and the family members occupied the property.

( 3 ) THE HUF is stated to have disrupted in the year 1957 which had a consequent impact on the suit property. Late Shri L. Hanuman Pershad Gupta passed away on 8. 12. 1972 leaving behind a Will by which his estate was bequeathed to his four sons in equal shares. The property in suit in pursuance to a memorandum of mutation dated 31. 3. 1975 was consequently mutated.

( 4 ) WITH the passing away of late Shri L. Hanuman Pershad Gupta and the family members being