Mr. Surinder Gupta, J.:- This is a Regular Second Appeal against judgment and decree passed by the Courts below whereby suit filed by Mohan Lalrespondent no. 1 seeking possession through partition of the property, as mentioned below, was decreed:-

“(i) One house which consists of two shops, two rooms, stair, verandah on the ground floor and residential house on the upper storey situated near old Hospital Machhiwara Mohalla Gamey Shah Saidian Ward No. 7, shown as red in the rough sketch site plan and bounded as under:-

North : House of Parshotam Dass

South : Shop of Prem Singh

East : Road

West : House of Gobind Ram etc.

(ii) One godown which is having Atta Chakki, Kohlu Cotton Ginning, Kharad which has been shown as red in the rough sketch plan including mini ricesheller bounded as under:-

North : Street

South : Plot of Ram Murti

East : House of Sunder Dass

West : Road

Situated in Ward No. 7, near old Hospital Mohalla Gamey Shah Saidian by way of partition on the basis of registered and valid Will dated 09.06.1981.”

2. In later part of the judgment the parties will be referred as ‘plaintiff’ and ‘defendants’ as per civil suit.

3. The case of plaintiff-Mohan Lal (respondent n