HIMA KOHLI, J.

1. This appeal arises from the judgment dated 31.07.1998 passed by the trial court, dismissing a suit for partition instituted by the appellant, Shri Pratap against his father, Shri Shiv Shanker (defendant in the court below). In the plaint, the appellant sought a decree against the respondent in respect of his one half share in a residential premises bearing No. 486, Bhola Nath Nagar, Shahdara, Delhi, constructed on a plot of land measuring 125 square yards. The case of the appellant, as set out in the plaint was that the aforesaid property was an ancestral property, which the respondent had got in partition amongst his other brothers and that the appellant, being the son of the respondent, was a coparcener in the suit property and thus, entitled to a decree of partition to the extent of the half share therein. It was also averred that the respondent had deserted his wife, Smt. Sukh Devi, who is the mother of the appellant and the appellant and that he was threatening to sell the suit property, thus compelling the appellant to institute the aforesaid suit for partition.

2. After entering appearance, the respondent controverted the stand of the appellant a