( 1 ) THIS appeal arises from the judgment of a learned single Judge in Suit No. 231 of 1979, in which the claim was for a declaration or alternative relief for *against judgment of D. R. Khanna J. , D/- 18-4-1980. partition and injunction. The plaintiffs, who are now respondents 1 to 4 are four brothers, sons of Shri Soonda. The defendants were the widow, three sons and two daughters of Shri Puran Singh. The present appeal has been filed by the three sons whereas the widow and two daughters of Shri Puran Singh are respondents 5 to 7. The relationship between the parties is indicated from the pedigree table reproduced below : (see page 162 for Pedigree Table) It will be seen from the same that all the parties are descendants from a common ancestor, Chattar Singh. The family had ancestral property consisting of agricultural land and residential property in village Nasirpur, Delhi. The agricultural land was partitioned between Puran Singh and Soonda in 1955. There was a formal mutation to that effect in the Revenue record on llth June, 1955. There was another partition concerning the residential properties, i. e. , the houses, gher/ghatwar and a memorandum of partitio