Pradeep Nandrajog, J.

1. The dispute in the present appeal is between a son of Late Sh. Chanan Das Chopra – Prem Nath who died during pendency of the suit and his wife Santosh and two daughters Vipula and Anuradha continuing with the litigation on being substituted as his legal heirs. On the other side pitched against Prem Nath were his nephews, Arun Chopra and Vivek Chopra sons of H.L. Chopra, the brother of Prem Nath. The fight is not on the estate of Late Chanan Das Chopra. It pertains to property bearing Municipal No.D-354, Defence Colony, New Delhi which was demised in perpetuity by the L&DO to Wing Commander Maharaj Kishan Chopra, the son of Late Sh. Chanan Das Chopra i.e. the brother of Prem Nath Chopra and H.L. Chopra.

2. Prem Nath Chopra, Maharaj Kishan Chopra, Sham Lal Chopra and H.L. Chopra were brothers. Shanti Devi and Kamla Ahuja were their sisters. The genealogy tree of the family of Late Sh. Chanan Das Chopra is as under:-

Prem Nath (Plaintiff) : Santosh Chopra (wife) Vipula and Anuradha (daughters)

Maharaj Kishan : Har Kaur (wife) Shyam Lal

Chanan Das Chopra H.L. Chopra : Arun Chopra and Vivek Chopra (Sons) (Defendants No.1 and 2)

Shanti Devi : Virender and R