Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 15th November, 2006 of the Court of the Addl. District Judge, Karkardooma Courts, Delhi of dismissal of Suit No.63/06/98 filed by the appellant. The said suit was filed by the appellant/plaintiff against his two brothers and two sisters, (i) for partition of property No.21-B, Bara Bazar Marg, Rajinder Nagar, New Delhi and the remaining estate left behind by the mother of the parties Smt. Devki Devi Rode including cash, bank deposits, shares, debentures, vikas patras gold and silver ornaments etc., claiming 1/5th share therein; (ii) for rendition of accounts of the estate left behind by the mother Smt. Devki Devi Rode and/or father Shri Labh Chand Rode; and, (iii) for permanent injunction restraining the respondents/defendants from dealing with the said estate or from disrupting or disturbing in any manner the essential supply of water and electricity to the portion of property No.21-B, Bara Bazar Marg, Rajinder Nagar, New Delhi in his possession, pleading:-

(a). that Shri Labh Chand Rode father of the parties had acquired leasehold rights in property No.21-B, Bara Bazar Marg, Rajinder Nagar, New Delhi for the benefit and use of his entire family and had constructed a 2 ½ storeyed building thereon where he along with his wife Smt. Devki Devi Rode and the parties to the suit were residing;

(b). that Shri Labh Chand Rode died intestate on 16th February, 1983 leaving the appellant/plaintiff and the respondents/defendants no.1&2 as his sons, the respondents/defendants no.3&4 as his daughters and Smt. Devki Devi Rode as his widow and all of them acquired 1/6th share each in the Rajinder Nagar property;

(c). that the mother Smt. Devki Devi Rode also died intestate on 3rd May, 1998 leaving the parties to the suit as her only heirs and upon her demise the share of each of the five parties to the suit in the Rajinder Nagar property became 1/5th;

(d). that the appellant/plaintiff on 9th July, 1998 called upon the respondent/defendant no.1 to partition the property but was shown a Release Deed dated 1st October, 1981executed by the appellant/plaintiff and execution whereof the appellant/plaintiff did not remember;

(e). that it appeared that the love and affection of the appellant/plaintiff for the father Shri Labh Chand Rode and his brothers respondents/defendants no.1&2 had been misused for having the said Release Deed executed and it was also possible that signed blank papers given by the appellant/plaintiff for use for other purposes had been misused for preparing the same;

(f). that the Release Deed was bad in law and illegal and not binding on the appellant/plaintiff and no amount of Rs.1 lac stated to have been paid thereunder to the appellant/plaintiff had in fact been paid;

(g). in the alternative it was pleaded that the right of the appellant/plaintiff as an heir of his father could not have been transferred by the said Release Deed and therefore the said Release Deed dated 1st October, 1981 i.e. of a date prior to the demise of the father could not take away the rights of the appellant/plaintiff as an heir, to the said Rajinder Nagar property; and,

(h). that the appellant/plaintiff had also learnt that the parents had left a lot of moveable properties in the form of cash, bank deposit, shares, stocks, vikas patras, ornaments and which had also not been disclosed by the respondents/defendants no.1&2 to the appellant/plaintiff.

2. The respondents/defendants no.1&2 filed a written statement contesting the suit on the grounds:-

(i). that the wife of the appellant/plaintiff Smt. Sangeeta Rode who had instituted the suit and signed and verified the plaint was not entitled to do so;

(ii). denying that the father Shri Labh Chand Rode had died intestate; it was pleaded that he had left a registered Will dated 28th June, 1973 whereunder the property at Rajinder Nagar was bequeathed to the respondents/defendants no.1&2 and the mother Smt. Devki Devi Rode wi