PRADEEP NANDRAJOG, J.

1. Late Bhim Sain Chawla was the owner of property bearing municipal No.C-4/171, Dayanand Colony, Lajpat Nagar, New Delhi and on his demise on October 02, 1969 his wife Manorama Rani Chawla and four sons : Pramod Kumar Chawla, Satish Chawla, Naresh Chawla and Vinod Kumar Chawla inherited the property as his legal heirs. Succession was by intestacy. Manorama Rani Chawla died on July 07, 1999 and willed her undivided share in the property to her four sons as per will dated April 03, 1979, in respect of which the learned Single Judge has correctly opined that he need not decide on the validity of the will for the reason whether succession to the estate of Manorama Rani Chawla was testamentary or by intestacy it made no difference because under either mode of succession the four sons would equally acquire her 1/5th share in the property. Thus, the four brothers became joint owners of the property each having 1/4th undivided share thereon.

2. The appellants are the successors-in-interest, being the wife and children of Vinod Kumar Chawla.

3. The respondents : Pramod Kumar Chawla, Satish Kumar Chawla and Naresh Chawla filed a suit seeking partition of the pro