Amol Rattan Singh, J.

This is the second appeal of the first defendant in a suit filed by his brother, seeking a declaration that he is the owner of the suit property to the extent of a 1/3rd share therein, on the basis of the will of their father dated 12.01.1983 and that after such declaration, he be given possession of his share of the suit property, by way of a partition thereof. The suit property is stated to be House no.2821, Iqbal Ganj Road, Sadar Bazar, Ambala Cantt.

The second defendant in the suit was the 3rd brother of the plaintiff and the present appellant, with the said brother having taken a stand identical to that of the plaintiff.

Hence, even the first appeal filed against the judgment and decree of the learned Civil Judge (Junior Division), Ambala, in favour of the plaintiff, was challenged only by the present appellant-defendant no.1, impleading the second defendant as respondent no.2 in that appeal, as also in the present second appeal.

2. As per the respondent-plaintiff (hereinafter to be referred to as the plaintiff), the father of the parties, i.e.