Pradeep Nandrajog, J.

1. The appellant is the grandson of late Sukhdev Singh Gambhir, whom he impleaded as defendant No.1 in a suit seeking partition. Appellant’s uncle : Anil Gambhir was the second defendant. The appellant is the son of late Sh.Sunil Gambhir, the second son born to Sukhdev Singh Gambhir. The appellant claims 1/3rd share through his father in properties bearing municipal No.B-4/8 Poorvi Marg (NEA) Rajinder Nagar, New Delhi and D-II/83, Sector-10, Faridabad (Haryana). He also claims 1/3rd share in the income and assets of the firm M/s Gian Singh Sukhdev Singh carrying on business from K-42, Connaught Place, New Delhi. Case pleaded is that the property at Rajinder Nagar and Faridabad was purchased from the funds of the firm M/s Gian Singh Sukhdev Singh which was set up by the late grandfather of the plaintiff and as such the same is ancestral in the hands of the appellant. It is pleaded :

“The plaintiff believes that even the funds for the business came from the properties left behind in Pakistan prior to partition of India. Similarly, the income from the firm Gian Singh Sukhdev Singh is also liable to be divided amongst the legal heirs of late Shri Sunil Gam