PRADEEP NANDRAJOG, J.

1. Rakesh Gupta, the defendant in the suit instituted by his brother Ramesh Gupta is aggrieved by the impugned decree dated October 01, 2014 allowing IA No.14073/2014 filed by Ramesh Gupta praying for a decree to be passed on admission. Allowing the application, the suit has been decreed as regards prayer ‘A’ i.e. for possession of the suit property which is a portion on the second floor of property bearing No.R-34, South Extension (NDSE) Part-II, New Delhi.

2. Case pleaded by Ramesh Gupta in the plaint is that he and Rakesh are real brothers. Their father late Sh.Dina Nath was the owner of property No.R-34, South Extension (NDSE) Part-II, New Delhi. He was also the owner of other properties. He executed a will on March 18, 1986, bequeathing his properties to his sons and his daughter-in-law : Ms.Anuradha the wife of Rakesh Gupta. That under the will he bequeathed the entire property R-34, South Extension (NDSE) to him except the front portion on the second floor consisting of a drawing-cum-dining room, a bed room, a kitchen, a bath room and a terrace in the front. He pleaded that the will was accepted when late Sh.Dina Nath died on December 12, 1986 a