PRADEEP NANDRAJOG, J.

1. The dispute in the present appeal is between the family members/legal heirs of Late Sh.Mohan Lal Maini.

2. The genealogy tree of family of Late Sh. Mohan Lal Maini is as under:-

Mohan Lal Maini I (Krishna Wanti) wife II IIII Roshan Virender Sudershan Satish Chander Prabha (Son) (Son) (Son) (Son) (Daughter) II Meena Ajay (Wife) (Son)

3. In the year 1997 the appellant filed a suit against the respondents for partition of three properties bearing Municipal Nos.B-13/A, A-2 and A-4, Kalkaji, New Delhi (hereinafter referred to as the „suit properties?).

4. The appellant was the plaintiff and the respondents Nos.1, 2 and 3 were defendants Nos.1, 2 and 3 respectively in the suit. We shall be referring to the parties by their nomenclature in the suit.

5. It was pleaded in the plaint that Late Sh.Mohan Lal Maini who was the owner of the suit properties and he died intestate on 25.06.1972, leaving behind his wife Krishna Wanti, 4 sons named, Sudershan Lal Maini (plaintiff), Roshan Lal Maini, Satish K.Maini and Virender Kumar Maini (defendant No.1) and a daughter Chander Prabha (defendant No.2) as his legal heirs. Thus, his aforesaid legal heirs became entitled