( 1 ) SHRI Ram Narain has sought for partition of the property situated in Abadi Area/laldora of Village Mangolpur Kalan, Delhi alleged to be owned jointly by the parties. The facts in brief are that after the death of the father of the plaintiff, the property devolved on the plaintiff and his brother Jai Narain and after Jai Narain s death on his legal heirs (defendants herein ). The said property has always been jointly owned. It has not been divided so far. In fact the plaintiff and the defendants have got equal share in the entire properties shown in the plan. The plaintiff is alleged to be in occupation of vacant plot measuring 300 sq. yards, built up property of 750 sq. yards and another built up plot of 550 sq. yards shown as b , d and e on the plan. Whereas defendants are shown to be in occupation of the old house measuring 350 sq. yards, built up area measuring 350 sq. yards, built up plot measuring 550 sq. yards Thus, according to plaintiff, he is in actual physical possession of 1600 sq. yards whereas the defendants occupies 1250 sq. yards. According to the plan, there is a vacant plot measuring 750 sq. yards mark e on the site plan. This the plaintiff a