1. This is a suit for partition and rendition of accounts. The plaintiff claims that the following properties are joint family properties:- (i) No. 47 (MCD No. 8497), Arakashan Road, Pahar Ganj, New Delhi; (ii) Shop No. 5, Chara Mandi, Zakhira, Delhi; (iii) Shop known as Janta Dharam Kanta, Chara Mandi, Zakhira, Delhi; and (iv) Agricultural land along with built up house at village Mattan, District Rohtak (now Bahadurgarh), Haryana. The plaintiff, at the time of filing of the suit claimed a 1/7th share in the said properties which are hereinafter referred to collectively as the suit properties. However, during the pendency of the suit the plaintiffs mother (Mrs Sama Kaur), who was the defendant No. 5, passed away and consequently the plaintiff now claims a 1/6th share in the suit properties.

2. The plaintiff and the defendants 1-4 and 6 are the sons and daughter of late Mr Karan Singh and late Mrs Sama Kaur (erstwhile defendant No.5). It is stated in paragraph 1 of the plaint that the parties to the suit are legal heirs of late Mr Karan Singh who died on 26.03.1983 and that they are the joint owners in possession of the suit properties. It has been stated that agricultural land in village Mattan comprised in Khasra No. 176/164 Khatauni No. 300 and Khasra No. 319/306 Khatauni No. 450 comprise of 55 bighas and 11 biswas of land.

.3. It is further averred in the plaint that after the death of Mr Karan Singh, differences had arisen between the parties to the suit on account of which it was not possible for the plaintiff to have the properties as joint properties any further. It is alleged that the plaintiff requested the defendants for partitioning of the suit properties by metes

.and bounds but the defendants did not agree to the same. The plaintiff also allegedly sent a notice seeking partition on 24.12.1996.

4. In paragraph 4 of the plaint it is alleged that property No. 47 Arakashan Road was purchased in the name of Mr Karan Singh from joint family funds and that in or about 1947 the said Mr Karan Singh had migrated from his village Mattan to Delhi and started his business of selling fodder on commission basis at Pahar Ganj, New Delhi. It is averred that the plaintiff was the eldest son and started working with his father from the age of about 11 or 12 years. The plaintiff has further alleged that he used to go to the customers in connection with the business of his father. It is further alleged that the property bearing No. 47, Arakashan Road was purchased from the joint funds derived from the family income which was earned out of the crops grown on the joint family land at village Mattan and that the super-structure on 47 Arakashan Road was also raised out of joint family funds. It is also stated that the plaintiff is in possession of the portion marked in red in the site plan annexed as Annexure-A to the plaint.

5. In paragraph 5 of the plaint it is averred that the forefathers of the plaintiff and the defendants were agriculturists having about 55 bighas of land at village Mattan and that the land was originally owned by late MrBishan, who was the grandfather of late Mr Karan Singh, and other members of the family. It is also averred that Mr Karan Singh and other members of the family grew crops on their said land. And, out of the joint funds and income from the agricultural produce, late Mr Karan Singh purchased 47 Arakashan Road, New Delhi in which a hotel by the name of Vandana and a public Dharam Kanta are being run. The hotel is run by defendants 1-5 and the Dharam Kanta by the plaintiff.

6. Referring to suit No. 1355/1984 titled Mr Bhim Singh v. MrSukhbir Singh and others filed in this Court, it is stated that the suit was disposed of on 19.03.1996 upon the direction that unless and until the defendants 1-4 obtained letters of administration or probate, they shall not produce the will before any authority, with reference to the property, which is the subject matter of the will. In this conte