PRADEEP NANDRAJOG, J.

1. A plot of land ad-measuring 8238 square feet situated in Block ‘F’ Connaught Place, New Delhi, bearing No.12 and 13 was demised in perpetuity by the Secretary of State for India in Council to M/s. Elahee Buksh & Co. The title was assigned by the lessee to M/s. Sarvara Construction Co. Ltd. and there from to Ms. Mayawanti, whose husband Dr. Sahib Singh constructed a building on the plot. Dr. Sahib Singh and Mayawanti were blessed with two sons : Harbans Singh and Shamsher Singh who, as per an award dated July 12, 1946 which was made a Rule of the Court in Suit No.94/16 of 1946 by the Senior Sub-Judge Shimla, became the joint owners of the plot and the building constructed thereon. The share of each was 50 : 50. Harbans Singh sold his half undivided share to Shamsher Singh who, upon execution of the deed of sale dated February 02, 1963 by his brother in his favour became sole owner of the property. On September 30, 1963 Shamsher Singh sold 50% share in the property to one Rattan Lal Govind Ram and Ms. Kalawati Gobindram. In this manner Shamsher