( 1 ) LATE Lala Karam Chand Nagi was the owner of the properties being Shop Nos. 290 to 296, Bazar Ajmeri Gate, Near New Amar Talkies, Delhi. The said property comprised of not only the shops on the ground floor but also comprised of the first, second and third floors. After the death of Lala Karam Chand Nagi, the plaintiff who is the daughter of the deceased Karam Chand Nagi, filed this suit for partition of the property against defendant No. 1 who is her brother and defendant No. 2 who is the other daughter of the deceased Karam Chand Nagi. It was alleged in the plaint that the deceased died intestate and as such parties to the suit being the legal heirs of the deceased were entitled to I /3rd share each in the said property. While the shops on the ground floor are under the tenancy of the different persons named in the plaint, in a portion of the first floor, the Municipal Corporation of Delhi was running a primary school. The remaining portion of the first floor as well as the second floor and third floor were in exclusive-possession of defendant No. 1. The rent from the shops on the ground floor as well as from Municipal Corporation of Delhi for its occupatio