FACTUAL MATRIX

2. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed.

3. The genealogy of the family is as under:

4. Late Sh. Mir Singh, the father of the parties, had acquired the suit property through his own funds under a perpetual sub-lease deed dated 06.09.1968. He expired intestate on 12.04.1984, leaving behind three legal heirs, namely the two Respondents and Appellant No.1/Defendant No.1. The suit property was thereafter mutated in their joint names by the Delhi Development Authority (‘DDA’) on 22.12.2003. The Respondents instituted CS (OS) No. 406/2018 on 14.08.2018 seeking partition and declaration of their shares. The said suit was contested by the Appellants on various grounds, inter alia, disputing the entitlement of the Respondents. Upon consideration of the pleadings, the learned Single Judge, by order dated 23.10.2019 in I.A. No. 9834/2019, held that since the suit property had devolved upon the parties by way of intestate succession, each of them was entitled to one-third share therein, and accordingly passed a preliminary decree.

5. The Appellants initially filed RFA(OS) 92/2019 challenging the afore