Valmiki J. Mehta, J.:—(ORAL)

1. This suit for partition is filed by four plaintiffs with respect to the property bearing No.A-5, C.C. Colony, opposite Rana Pratap Bagh, on G.T. Road, in the revenue estate of village Rajpur Chhawani, Delhi (hereinafter referred to as the ‘suit property’). Plaintiff Nos.1, 3 and 4 and defendant Nos.2 and 3 are daughters of late Sh. Ram Sahai Kapoor and late Smt. Satyawati Kapoor. Plaintiff No.2 and defendant No.1 are sons of late Sh. Ram Sahai Kapoor and late Smt. Satyawati Kapoor. The property is a building built on a plot of 321.25 sq. yds. Admittedly, the suit property was originally owned by Sh. Ram Sahai Kapoor who was the father of the parties. The suit property after the death of the father Sh. Ram Sahai Kapoor fell to the exclusive/sole ownership of the mother Smt. Satyawati Kapoor, and since this is an admitted position before me (as per the statement of the respective counsel), therefore, I am not giving other factual details as to how the mother Smt. Satyawati Kapoor became the sole owner of the suit property.

Smt. Satyawati Kapoor died on 5.9.1998. In law, on Smt. Satyawati Kapoor dying intestate, all the parties would be equal co