PRADEEP NANDRAJOG, J.

1. Late Janki Devi who died on 03.03.1995 was blessed with three sons and a daughter. The sons are named Rameshwar, Rajender and Rajesh. The daughter is named Urmila. Husband of Janki Devi, Lala Ram Sarup had predeceased her.

2. Janki Devi was the owner of a built up property bearing Municipal No.92, Banarasi Dass Estate, Timarpur, Delhi-110054. Her three sons were residing in the said house along with her.

3. Urmila has admittedly executed a deed of relinquishment dated 26.03.1999 in favour of her brothers with respect to the aforesaid property belonging to Janki Devi.

4. During the life time of their brother, the three brothers and their families were occupying separate portions in the property owned by Janki Devi, but not as a result of partition thereof; it being a matter of convenience to enjoy the property.

5. All was well till the year 1999 when Rameshwar sought a Letter of Administration, registered as PC No.291/06/99, from the learned District Judge, Delhi on the plea that Janki Devi had died intestate.

6. Whereas Rajesh and Urmila supported him, Rajender opposed the claim setting up a Will dated 18.08.1984, stating the same to be the last l