1. This appeal arises out of the judgment dated 07th August, 2006 delivered by the learned Single Judge declaring the plaintiff-appellant to be the owner of 1/4th share of the suit property.

2. The facts of the case briefly stated are as follows:-

a. The appellant and respondent no.1, 2 and 3 are related to each other. Respondent no.3, Sh. Jawahar Singh Gambhir, is the father of the appellant and the respondents no.1 and 2. The appellant and the respondents no. 1 and 2 are brothers.

b. The Respondent no.3 was the absolute owner of suit property bearing no. 6/88, WEA, Karol Bagh, New Delhi (hereinafter referred to as the ‘suit property’).

.c. The Respondent no.3, the father, voluntarily and out of love and affection for his children made a gift of 1/4th share in the suit property having a 2 ½ storeyed house constructed thereon, in favour of the appellant and respondents no.1 and 2 and respondent no.3 also retained 1/4th share in the suit property.

.d. For the purpose of giving effect to the said gift made by respondent no.3 in favour of the appellant and respondents no.1 and 2, a gift deed dated 29th March, 1979 was executed by the respondent no.3 and was accepted by the appellant and on behalf of respondent no.1 and 2 by the mother Smt. Parkash Kaur Gambhir, since at the time the respondent nos. 1 and 2 were minors. The said gift deed was, duly registered in the office of the sub-Registrar, Delhi at Entry No.3107 in Additional Book No.4144 on pages 89 to 93 on 26th July, 1979.

.e. The particulars of the said property are as under:

Address : 6/88, WEA, Karol Bagh, New Delhi-110005.

Measuring: 230 Sq. Yds. Being 20 ½ Sq. Yds. In length and 11 ¼ Sq.Yds. in breadth; bearing Municipal House No. 10235-36, Ward No.XVI an Khasra No.1761/1258, Karol Bagh, New Delhi-5 bounded by-

North : House on plot no.89.

South : House on plot no.87.

West : Lane.

East : Road.

.f. The said gift having been duly accepted by the plaintiff, the plaintiff also assumed joint possession of the said property together with respondents no.1, 2 and 3.

.g. The appellant has since been continuously in possession of the said property together with the respondents.

.h. The appellant is also jointly in possession of property bearing no.13A/6A, measuring 160 sq. yards, WEA, Karol Bagh, New Delhi with the respondents no.1 and 2. The appellant and respondents no.1 and 2 are having 1/3rd share in the same. Suit No. 371/1998 for partition of the property no. 13A/6A, WEA, Karol Bagh, New Delhi was also filed by the appellant and is pending before this Court.

i. The appellant thereafter filed the present Suit No. CS(OS) No. 703/1998 for partition of the suit property at 6/88, WEA, Karol Bagh, New Delhi and for the peaceful enjoyment of the above mentioned 1/4th share. The Hon’ble Single Judge of this Court by his judgment dated 7th August, 2006 concluded as follows:-

“In view of the statement made by the defendants, I decree the suit declaring the plaintiff to be the owner of 1/4th share of the suit property and separate his share by directing that 1/4th land comprised in the suit property abutting plot No. 6/87, would be the portion of the plaintiff. Since it is admitted that front of plot is 34 ft., portion falling to the share of the plaintiff would be as marked ‘A’ on the site plain Ex.C-1.”

j. It is against this judgment and decree dated 7th August, 2006 that the appellant has filed the present appeal.

3. The impugned judgment being brief is reproduced below:-

“% 07.08.2006

Present: Mr. P.S. Sharda for the plaintiff Mr. Sanjay Jain, Senior Advocate with Ms. Nitika Aggarwal for defendants 1 & 2

Ms. Maninder Acharya for the counter claimant.

IA. No. 7777-78/2006

Allowed. Order dated 13.7.2006 is recalled. Suit and counter claim are restored.

CS(OS) No. 703/98 & Counter Claim No. 76/2001

1. Statement of the defendant has been recorded in court today. To settle the disputes and buy peace, defendant No. 3 at whose instance counter claim No. 76/01 has been