Pradeep Nandrajog, J.

1. Late Sh.Hem Chandra Kaushik was admittedly the owner of property bearing Municipal No.L-19, Lajpat Nagar-III, Delhi-110024. Flat No.1402, Marathon Galaxy-I, IBS Marg, Mulund Mumbai. Agricultural land ad-measuring about 10 acres in V&PO Shedawa District, Bulandshahar, UP. Ownership was reflected in the title document and revenue as well as municipal record.

2. It is the common case of parties that Hem Chandra Kaushik died intestate on August 10, 2008. His wife Late Smt. Mahalakshmi had pre-deceased him on November 15, 1997. His two sons Vikram and Vivek and daughter Jyotsana were his successor-in-interest.

3. In the year 2009 Vikram and Jyotsana sought partition of the 3 properties owned by their father.

4. Impleaded as the sole defendant, Vivek pleaded that two properties; land ad-measuring 1069 square yards at Bareilly (U.P.) and a flat at Shivalik Co-operative Group Housing Society, Papankalan, Dwarka were also liable to be partitioned. He pleaded that these two properties were owned by the mother of the parties but entire consideration was paid by the father and therefore said two properties would comprise the estate of the father.

5. He pleaded an