SANJAY KISHAN KAUL, J.

1. The appellant filed a suit, being CS (OS) No. 2622/2008, for partition, mandatory injunction, declaration and rendition of accounts against the respondents. The appellant claimed that he was the son of late Sardar Amarjeet Singh. Respondent No. 1 is his natural mother, while respondent No. 2 is his brother and respondent No. 3 the sister. Late Amarjeet Singh is stated to have passed away on 23.03.2007 intestate leaving behind movable and immovable properties in which the appellant had undivided interest. The amounts being realized from the properties are stated to have been personally appropriated by respondents No. 2 to 4.

2. Respondent No. 5, namely, Sardar Jagbir Singh, is the real brother of late Amarjeet Singh. He is stated to have had no issue from his wedlock which resulted in a mutual understanding / settlement between late Amarjeet Singh and him that late Amarjeet Singh would give the custody of his child to his brother / respondent No. 5, who shall look after him and in case a child is born from the wedlock of Sd. Jagbir Singh and his wife within 7 years, then the custody of the child (appellant herein) would revert back to late Amarjee