Mr. Rajiv Sahai Endlaw, J.

1. The three plaintiffs seek partition of E-27, Poorvi Marg, Vasant Vihar, New Delhi with ancillary reliefs, pleading

(i) that the plot of land underneath the property was allotted to one Mr. Jagdishwar Dayal who constructed a house on the front portion of the property;

(ii) this was a joint Hindu Undivided Family (HUF) property of Shri Jagdishwar Dayal as Karta along with his sons namely Shri Maheshwar Dayal, Shri Yogeshwar Dayal (defendant no.4) and Shri Nareshwar Dayal (defendant no.5);

(iii) that Shri Jagdishwar Dayal expired in the year 1975 and on his death his Class-I legal heirs namely Shri Maheshwar Dayal, Shri Yogeshwar Dayal and Shri Nareshwar Dayal became the joint owners of the property “being inherited as Class-I legal heirs having their respective shares in the suit property to the extent of ?rd each”

(iv) that Shri Maheshwar Dayal died in the year 1991 and as such after his death his two sons and daughter namely defendant no.1 Shri Someshwar Dayal, defendant no.2 Shri Dinesh Dayal (since deceased and represented by his wife defendant no.2a. Ms. Nayantara Dayal and son defendant no.2b. Mr. Devesh Dayal) and defendant no.3 Ms. Abha Daya