PRADEEP NANDRAJOG, J.

1. Late Shri Govardhan Dass Gupta was blessed with three sons, Madan Lal Gupta, Hari Ram Gupta and Rameshwar Dass Gupta. He was blessed with a daughter Ms.Bishni Devi. He was a prosperous man. He died on 22.11.1971. His children and his wife Kesar Devi were the heirs.

2. Various properties standing in his name became the subject matter of litigation in the family. Respondent No.1, Madan Lal Gupta, unfortunately, appears to have fallen foul with his brothers, his sister and his mother. He sued for partition and rendition of accounts.

3. The suit filed by Madan Lal Gupta has resulted in the impugned judgment and decree dated 21.4.2007 declaring that he has 1/3rd share in property bearing Municipal No.91/9, Block-C, Wazirpur Industrial Area, New Delhi and that his two brothers Hari Ram Gupta and Rameshwar Dass Gupta have 1/3rd share each in the said property. Similarly, in respect of property No.387, Block-D, Sabzi Mandi, Azadpur, finding returned is that each brother has 1/3rd share in the said property.

4. The suit for partition embraced other properties in the State of Haryana in respect whereof the share of each sibling i.e. the three brothers and the sister has been held to be 1/4th each.

5. Hari Ram Gupta and Rameshwar Dass Gupta have filed the instant appeal restricting challenge to the impugned judgment and decree dated 21.4.2007 insofar it has determined the share of Madan Lal Gupta as 1/3rd in the two properties noted hereinabove situated in Wazirpur Industrial Area and Sabzi Mandi, Azadpur. They alleged that share of Madan Lal Gupta in the said two properties is 1/5th and that their share in the two properties is 2/5th each. Thus we need not note the facts relating to the other properties.

6. To appreciate the contentions urged by the appellants it is necessary to note the reasons which have weighed with the learned Trial Judge to hold that the three brothers have 1/3rd share each in the two properties in question.

7. The land comprising property No.91/9, Block-C, Wazirpur Industrial Area, New Delhi and Plot No.387, Block-D, Sabzi Mandi, Azadpur, was demised under a perpetual lease hold tenure by DDA in favour of Govardhan Dass Gupta. On the death of Govardhan Dass Gupta, in the records of DDA, the names of Madan Lal Gupta, Hari Ram Gupta and Rameshwar Dass Gupta stand mutated as the perpetual lessees. In this view of the matter, the finding returned by the learned Trial Judge is as under:- When the property was mutated in the name of the plaintiff and defendants No.1 and 2, the other defendants had full knowledge about the property being mutated in the name of plaintiff and defendants No.1 and 2, now except the person mentioned in the mutation no other person is entitled to any share in the property.

8. The case of the appellants was that their mother and their sister had executed a relinquishment deed dated 27.10.1972, Ex.DW-1/6, where under their mother and their sister had relinquished their 1/5th share in the two properties in their favour and in this manner the two brothers became entitled to 2/5th share each in the two properties.

9. Now, if the wife of the deceased and the daughter of the deceased did not relinquish their share in the said two properties, the obvious conclusion has to be that on the death of Govardhan Dass Gupta, his three sons, his wife and his daughter each inherited 1/5th share in the said two properties.

10. The learned Trial Judge has discounted the evidentiary value of the relinquishment deed Ex.DW-1/6 by holding as under: I have seen the relinquishment deed dated 27.10.1972. This relinquishment deed is alleged to have been executed by defendants No.3 and 4 i.e. Smt. Kesar Devi and Smt. Bishni Devi. This relinquishment deed is not signed by Smt. Kesar Devi and Smt. Bishni Devi. Since the relinquishment deed is not signed accordingly, this relinquishment deed has no legal effect.

11. Unfortunately, the learned Trial Judge failed to appreciate that the original r

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