G.S. SISTANI, J.

1. The plaintiff has filed the present suit against the defendants for partition and permanent injunction.

2. The plaintiff seeks partition of property bearing no.3/30, West Patel Nagar, New Delhi measuring 200 sq. yds. This property stands in the name of Smt. Parpati Kewal Ramani, the mother of the plaintiff and mother-in-law of defendant no.1 and grand-mother of defendant no.2. As per the plaint, this property measuring 200 sq. yds was allotted to the mother of the plaintiff Smt. Parpati Kewal Ramani vide a registered Perpetual Lease Deed and Conveyance Deed dated 30.07.1966. As per the plaint, Smt. Parpati Kewal Ramani during her life time executed a registered Will dated 13.11.1969. Smt. Parpati Kewal Ramani expired on 24.07.1982. As per the Will, the property was to devolve in favour of her three sons:

(i) Sh. Gian Chand-ground floor;

(ii) Sh. Bhagwan Das-first floor; and

(iii) Sh. Dwarka Das-second floor (Barsati).

3. It is not in dispute that Sh. Dwarka Das relinquished his share in the second floor in favour of his younger brother Shri Bhagwan Das, the plaintiff herein vide registered Relinquishment Deed dated 21.02.1989. Thus, Sh. Bhagwan Das, plaintif