S. RAVINDRA BHAT, J.

1. This appeal is directed against the judgment of the learned Single Judge in Suit No. 446 of 1967, dated 10.12.1981, i.e. by which the learned Single Judge had granted a preliminary decree of partition.

2. At the outset, it is essential to trace the relationships between the various parties involved. The core issue in the judgment of the Single Judge turned upon the reading of the will of one Seth Ram Lal Khemka. Seth Ram Lal Khemka had a sister, Smt. Godavari Devi. The appellant, Shri Radhey Shyam Bagla (first defendant in Suit No. 446 of 1967, since deceased and hereafter called Radhey Shyam), was the adopted son of Godavari Devi. The respondent/plaintiff, Smt Ratni Devi Kahnani (since deceased and hereafter called Ratni), was the daughter of Godavari Devi, the latter was married to one Shri Hoti Lal Bagla.

3. Shri Ram Lal Khemka owned House No. 743, Municipal Ward No. 1, Chhota Bazaar, Kashmere Gate, Delhi. The house had an inner portion and an outer portion. By a will dated 17th December, 1958, Shri Khemka acknowledged that Smt. Godavari Devi and her children were in occupation of the ground floor and mezzanine floor of the outer portion, and acco