SANJAY KISHAN KAUL, J.

1. A man?s greed has no limits. Mahatma Gandhi said: “Earth provides enough to satisfy every man?s need, but not every man?s greed”. It is only the greed of the appellant which has resulted in a prolonged litigation in the family during which period of time his brother and his brother?s wife passed away and his nephew, respondent no.1, represented through a court-appointed guardian is residing in a Gurudwara.

2. Late Dr.(Major) Balwant Singh Banda owned immovable property bearing No.B-42, Defence Colony, New Delhi (herein after referred to as the said property). He had three sons and three daughters. He was married to Sardarni Onkar Kaur. Major Banda had acquired the suit property and constructed a residential building on the same. He died on 14.02.1979. Major Banda executed a registered Will dated 11.10.1974 prior to his demise. In terms of this Will, the property in the suit was to devolve upon his three sons. A share was also given to his wife Sardarni Onkar Kaur with a specific condition that after her death, her share would devolve in equal proportion upon the three sons. The Will excluded the daughters from any bequest. The Will specified a division of the property into three specified shares – i) built up portion of the ground floor excluding the garage; ii) first floor and iii)garage with three rooms built above it and the open courtyard in front of the garage on the ground floor, terrace on the first floor with a right to carry out construction on the terrace and two latrine-cum-bath rooms attached with the two rooms built above the garage. However, it was not specified in the Will as to who would inherit which of the three shares. The first floor of the property was let out during the life time of the testator and even after his demise, rents were realized and paid to the widow Sardarni Onkar Kaur, who passed away on 19.06.1982.

3. One of the sons, Sardar Surjeet Singh Chhatwal, died on 11.12.1981 and was survived by his wife and a son. He predeceased his mother Sardarni Onkar Kaur. A suit was filed seeking a decree of partition of the suit property being CS(OS)800/1990 by the wife and son of late Sardar Surjeet Singh Chhatwal. It is the case of the original plaintiffs that on the demise of Sardarni Onkar Kaur, the property devolved in equal share of 1/3rd each on the plaintiffs, defendant no.1 Sardar Sarwan Singh Banda and defendant no.2 Sardar Amrit Mohan Singh Banda. The original plaintiffs sought partition and separate possession of their share in the suit property on account of the fact that defendant no.1 (appellant herein) was not willing to oblige. The plaintiffs also sought rendition of accounts of the rents realized by the appellant herein from various tenants from 1982 onwards. Defendant no.2, however, fully supported the claim of the plaintiffs.

4. The appellant, however, contested the suit. His defence was that the property was actually a Hindu Undivided Family property, the HUF consisting of late Dr. Major Balwant Singh Banda and three sons as co-parceners. It was thus pleaded that the testator could not have bequeathed the property or the extent of shares as indicated in the registered Will since he did not have any exclusive ownership rights. On the death of Dr. Major Balwant Singh Banda, defendant no.1 claims to have become the Karta of the HUF. It is also pleaded that the husband of plaintiff no.1, Sardar Surjit Singh Chhatwal, passed away when Sardarni Onkar Kaur, his mother, was alive and being a mother was entitled to a share out of the assets of the Sardar Surjit Singh Chhatwal.

5. The appellant thus claimed that at the time of his death, Sardar Surjit Singh Chhatwal, would have been entitled to 1/4th share (three brothers and their mother Sardarni Onkar Kuar having equal shares) and that 1/4th share in turn would devolve upon Sardar Surjit Singh Chhatwal?s wife, son and Sardarni Onkar Kaur. Thus these three persons would get 1/12th share each. On the death of Sard