JUDGMENT

VIBHU BAKHRU, J

1. The appellant has filed the present intra court appeal impugning an order dated 04.04.2022 (hereafter ‘the impugned order’) passed by the learned Single Judge in CS (OS) 508/2021 captioned Pravir K.

Vohra and Ors. v. Tarun K. Vohra. In terms of the impugned order, the court had issued a preliminary decree declaring the appellant (arrayed as defendant in the suit) and the respondents (the plaintiffs in the suit) as owners of 1/4th share each in respect of the property bearing Municipal No.D-7/7, Vasant Vihar, New Delhi comprising of part of the basement and the ground floor (left hand side)built on land admeasuring 780 square yards and the undivided interest in the land underneath (hereafter ‘the Suit Property’).

2. The respondents (plaintiffs) had instituted the afore-mentioned suit, CS(OS) 508/2021, seeking a decree of declaration, that each of the parties own 1/4th undivided share in the Suit Property and that its partition be done by metes and bounds. They also sought a decree for mesne profit/ damages at the rate of ₹1,75,000/- per month from October 2020 till the physical partition of the Suit Property along with interest at the rate of 12% per annum, against the appellant (defendant).

3. Admittedly, the Suit Property belonged to the father of the appellant and the respondents herein, Late Sh. B.B. Vohra, who was a member of the Government Servant Co-operative House Building Society Ltd. (hereafter ‘the CBHS Ltd.). He along with one Sh.R.S. Gupta, Sh. K.L. Arora and Sh. R.N. Bansal was allotted 1/4th undivided share in the plot bearing No.D-7/7 in Government Servant CBHS Ltd., Vasant Vihar, New Delhi admeasuring 780 square yards. Undisputedly, the 1/4th undivided share of Sh. B.B. Vohra (the father of the parties) in the said plot, was transferred jointly to him and his wife, Smt. Primla Vohra (since deceased), by a letter dated 08.02.1991, issued by the Delhi Development Authority to the Secretary, Government Servants CHBS Ltd., Vasant Vihar, New Delhi.

4. The president of India executed a perpetual lease deed dated 12.02.1991 in favour Sh. B.B. Vohra and Smt. Primla Vohra (parents of the parties) along with the other co-owners in respect of the plot of land described as Plot No.7, Street No.D-7 in the lay out plan of Vasant Vihar (Site B) of the Government Servants CHBS Ltd.

5. Thereafter, the abovementioned co-owners applied for a sanction to build a residential house on the subject plot of land. The Municipal Corporation of Delhi approved the building plans by a sanction letter dated 14.05.1991.

6. Thereafter, the residential building was constructed on the subject plot of land. Admittedly, Sh. B.B. Vohra and Smt. Primla Vohra moved into the said residential building in the year 1993 and occupied the Suit Property – a part of the basement and the ground floor (left hand side) more particularly described in the site plan as annexed with the suit.

7. Sh. B.B. Vohra expired intestate on 08.09.1997. His widow, Smt. Primla Vohra expired on 01.06.2019.

8. There is no dispute that the Suit Property devolved on the parties in equal shares. Admittedly, the Suit Property was mutated in the name of the parties.

9. The appellant filed a written statement, claiming that besides the Suit Property, there are two other immovable properties, which form a part of the estate of Late Smt. Primla Vohra. The said properties are described as: (i) Flat No.6011, Pocket 6 and 7, Sector C, Vasant Kunj, New Delhi (hereafter ‘Vasant Kunj Property’); and (ii) 14 acres of Agricultural land in Village Panchigujran, Tehsil Ganaur, District Sonipat, Haryana (hereafter ‘Sonipat Land’).

10. The appellant claims that Smt. Primla Vohra did not die intestate and had executed a Will dated 14.01.2014 (hereafter ‘the Will’). He claims that in terms of the said Will, the estate of Late Smt. Primla Vohra including the Vasant Kunj Property and the Sonipat Property, devolved on the parties. The appellant does not dispute that he is in occupation