MANMOHAN SINGH, J.

1. Plaintiff and defendants No.2 to 4 are brothers and sisters whereas Smt. Dropadi Devi (defendant No.1) was their mother who had died during the pendency of the suit.

2. Plaintiff (the elder son of Dropadi Devi) filed the suit for partition seeking partition of (i) House No.B-39, Nizamuddin West, New Delhi (in short, called “Nizamuddin Property”), (ii) House No.A-82, New Friends Colony, New Delhi (in short, called “New Friends Colony Property”) and (iii) Agricultural lands at Hisar (Haryana).

3. It is averred in the plaint that the father of the plaintiff and defendants No.2 to 4, namely, Dr. R.N. Sardana was a doctor by profession and a specialist in Venereal diseases. He migrated from Karachi, Pakistan at the time of partition leaving behind his ancestral properties. After migration, he joined the then Municipal Committee as a Medical Officer. He also carried out a lucrative and busy private practice. Dr. Sardana was allotted agricultural lands in Vill. Nangal, Distt. Hisar, Haryana and a 200 Sq. Yards plot at B-39, West Nizamuddin, New Delhi, in lieu of properties left behind in Pakistan. Dr. Sardana constructed a residential house on the land with his own funds. During his lifetime, he purchased large number of shares in various companies and held fixed deposits in companies as well as banks. Some of the shares and fixed deposits were held by him individually in his own name and some were held jointly with his children. Dr. Sardana died on 2nd November, 1965. At the time of his death, the family was living in Nizamuddin property and the same was also let out to three tenants.

4. It is further alleged in the plaint that though the plaintiff is the eldest son, the parties agreed that succession certificate would be obtained in the name of mother i.e. defendant No.1. The plaintiff and defendants No.2 to 4 consented to defendant No.1 for obtaining succession certificate in respect of all immovable properties of Dr. Sardana. The succession certificate was granted in favour of defendant No.1 by the competent Court on the basis of “No Objection Certificate” issued by the parties concerned. According to the plaintiff, defendant No.1 was holding the said suit properties in trust for and on behalf of all the members of the joint family. She was also receiving rents from the immovable properties. After the death of Dr. Sardana, defendant No.1 (the mother) acted for and on behalf of the joint family as a manager being the eldest member of the joint family, otherwise, she was a housewife without any source of income of her own. The plaintiff was carrying out practice in taxation. Defendant No.2 set up an industrial unit for manufacturing heating elements at 42, New Okhla Industrial Complex, Phase-II, New Delhi with joint family funds, whereas defendants No.3 & 4 were housewives.

5. It is also averred by the plaintiff in the plaint that in the year 1972, the family decided to acquire another residential property, i.e. a plot allotted in the name of defendant No.1 in New Friends Colony. The entire payment of `25,000/- towards the cost of the plot was paid from the account of defendant No.1 which was derived from the funds received by her on the basis of succession certificate and which were held by her in trust for and on behalf of the members of the joint family. It is the case of the plaintiff that the entire cost of construction was also borne out from the sale of shares, realization of amounts of FDR and other resources of joint family. The plaintiff had also contributed towards the construction of the house but, no accounts in respect of the same were maintained. After the construction, the New Friends Colony house was let out. Defendant No.2 also shifted to a portion of New Friends Colony house in the year 1980.

6. With regard to Nizamuddin property, other members of the joint family relinquished their right in respect of the same in favour of the plaintiff and defendant No.2. Thus, the p