RAJIV SAHAI ENDLAW, J.

1. The plaintiff No.1 seeks partition of property No.B-6/7, Vasant Vihar, New Delhi from his father defendant No.1 and has impleaded his father’s siblings / their heirs as defendants No.2 to 13.

2. It is the case of the plaintiff No.1 in the plaint:

(i) that his grandfather Late Sh. O.P. Khanna was the exclusive owner of the said property;

(ii) that the grandfather Sh. O.P. Khanna died intestate on 24.09.1985, leaving a widow Smt. Kamla Rani Khanna, three sons viz. the defendants No.1&2 and Sh. R.K. Khanna being the predecessor of defendants No.4, 5 & 13 and two daughters viz. defendant No.3 & Smt. Achala Mehta, predecessor of defendants No.6 to 8;

(iii) that on the demise of the grandfather Sh. O.P. Khanna, the property devolved on all the heirs aforesaid;

(iv) that the plaintiff No.1 was borne on 21.10.1977 i.e. before the demise of his grandfather on 24.09.1985 and thus the plaintiff No.1 acquired a vested right by birth in the 1/6th share of his father in the aforesaid property;

(v) that the 1/6th share inherited by the defendant No.1 being the father of the plaintiff No.1 became ancestral property in the hands of the defendant No.1, the defendant No.1