V.K. Jain, J.

By this common judgment I shall dispose of all the three Suits referred above two of which are Probate Petitions (registered as suits) that were initially filed before the District Judge, Delhi but were withdrawn to this Court vide order dated 22nd August, 2005 to be tried along with the suit CS(OS) No. 985/2002. Vide order dated 6th July, 2007 all the three matters were consolidated and it was directed that evidence will be read in all three matters.

2. Suit CS(OS) No. 985/2002 has been filed by Shri Rajender Shanker against his brother Shri Devendra Shanker seeking partition of the estate of their father late Shri Damodar Dass Mathur alleged to be comprising of house No. 104, Jor Bagh, New Delhi, investments in FDRs, Units, Shares, jewellery, goods etc. it is alleged in the plaint that late Shri Damodar Dass Mathur died intestate on 7th February, 1995 leaving the plaintiff and the defendant as his class I legal heirs. It is also alleged that after the death of Shri Damodar Dass Mathur the defendant took custody of jewellery, household goods and documents relating to investments made by him. It is further alleged that the plaintiff being co-owner is in constructive pos