( 1 ) PARTIES are real brothers. Plaintiff has through this suit sought partition of their father s property no. 1775, Kucha Lattu Shah, Dariba Kalan, Chandani Chowk, Delhi. Case of the plaintiff in brief is that the plaintiff after the death of his father who was absolute owner of the suit property, became the owner of the one half share along with the defendant who has also one half share in undivided property. Admittedly portion shown in mark yellow is in occupation of the defendant whereas the portion shown in green is in occupation of the plaintiff. Portion mark red is in common possession. According to the plaintiff the portion in his occupation does not comprise one half of the area in the said undivided property and since both of them are real brothers, he has requested the defendant to partition the said property by metes and bounds according to their respective shares but the defendant has not bothered to give heed to his requests. Rather the defendant is trying to sell his portion of the undivided share in the said property. The cause of action arose on 3. 1. 91 when the defendant refused to partition the suit property.

( 2 ) ON the other hand defendant has p