Valmiki J. Mehta, J.:--

1. The subject suit is a suit for partition and rendition of accounts. There are two plaintiffs in the suit, and who are the sons of late Sh. Harvinder Sejwal. Plaintiffs were minors when the suit was filed and now they are majors. The suit originally was filed by the plaintiffs through their mother and natural guardian Smt. Poonam, wife of late Sh. Harvinder Sejwal. In the suit there are four defendants. Defendant No. 1 Sh. Gugan Singh is the father of late Sh. Harvinder Sejwal i.e father-in-law of Smt. Poonam, the mother of the plaintiffs. Defendant Nos. 2 to 4 are the other three sons of defendant No. 1 i.e three brothers of late Sh. Harvinder Sejwal, the husband of Smt. Poonam. By the suit, relief of partition is sought with respect to properties mentioned in Annexure A to the plaint. Though this Annexure A to the plaint does not exist, this Annexure A as per the copy shown to this Court contains the properties which are mentioned in para 15 of the plaint. The properties which are mentioned in para 15 of the plaint read as under:-

“15. That the subject matter of the present suit are the following moveable and immovable properties which belong to the Joint Hindu Family property being ancestral in nature, the details of which as per the knowledge of the plaintiffs are as under:

(i) Immoveable Properties:

(a) 113/B-1, Front, Adhichini, Hauz Khas, New Delhi

(b) 58, Village: Adhichini, Malviya Nagar, New Delhi

(c) 200 sq. yd. Plot in Ber Sarai Extension, New Delhi

(d) 4 shops in Adarshani Plaza, Adhichini, New Delhi

(e) 4 Flats in Adarshini Plaza, 93, Adhichini, New Delhi

(f) Landed/Agricultural properties in Village: Badarpur, Ballabgarh, Faridabad,

(g) Landed/Agricultural Properties in Kotputli, Rajasthan.

(h) 258, Manglapuri Extension, M.G. Road, New Delhi

(ii) Vehicles:

(a) Two Buses - Plying between Kotputilli and Bharatpur, Blue Line - contract carriage.

(b) Tempo.

(iii) Personnel belongings

(a) Bank Account in Allahabad Bank, Adhichini, New Delhi and

(b) Bank Account, Punjab National Bank, Mehrauli, New Delhi.

2. The case of the plaintiffs as per the plaint is that the defendant No. 1 owned ancestral land being plot No. 93 situated in Village Adhichini, Hauz Khas, New Delhi and this property was sold out on collaboration basis and the properties which are the subject matter of the suit were purchased from the funds generated out of the said sale of the property No. 93, Village Adhichini, Hauz Khas. In the property No. 93, a commercial complex was constructed and in which as per the plaint, the family received four shops and four flats which are mentioned at serial Nos. (d) and (e) of para 15 of the plaint. Further, as per the plaint, from the funds received from the sale of the property No. 93, Village Adhichini, Hauz Khas, a premises being the premises at serial No. (h) of para 15 of the plaint namely property bearing No. 258, Manglapuri Extension, New Dellhi was purchased and which is situated on an area of approximately 150 sq. yds. wherein the plaintiffs alongwith their mother are living in the ground floor of this property. The first floor is with a tenant Sh. Rajendra Jha. Plaintiffs plead that there was a family settlement between the parties as per which the father of the plaintiffs Sh. Harvinder Sejwal got the house No. 258, Manglapuri Extension, New Delhi besides one shop on the ground floor in Adarshini Plaza, Adhichini and a flat No. 93 in Village Adhichini, Hauz Khas, New Delhi. Plaintiffs’ father expired on 12.11.2004 and plaintiffs therefore plead to be owners of the properties falling to the share of their father out of the joint properties mentioned in para 15 of the plaint. Plaintiffs claim ownership of 1/5th share in the suit properties.

3. Defendants have contested the suit by filing a common written statement. Defendants have denied that the suit properties were/are Joint Hindu Undivided Family properties/HUF properties. Defendants have also denied that any family settlement as allege