Rajiv Sahai Endlaw, J.

The four plaintiffs, namely (i) Kanak Jain; (ii) Abhay Kumar Jain; (iii) Rekha Jain; and, (iv) Ektaa Jain, being the widow, son and two daughters of late Shri Suresh Chand Jain, have instituted this suit for partition and rendition of accounts with respect to Property No.1734-A and 1734, Dariba Kalan, Delhi 110 006, against Chakresh Kumar Jain, being the younger brother of said Suresh Chand Jain.

2. The suit was entertained and summons thereof ordered to be issued and vide ex parte ad interim order dated 12th August, 2018 parties directed to maintain status quo regarding the aforesaid properties. The defendant, besides filing his written statement has also filed a Counter Claim seeking declaration that the interference of the plaintiffs in the peaceful possession of Shop No.1734/2, Dariba Kalan, Delhi is illegal and unauthorised and the plaintiffs have no right or claim to Shop No.1734/2, Dariba Kalan, Delhi. Vide consent order dated 24th May, 2011, the plaintiffs were permitted to take out eviction proceedings against M/s. Mehtab Singh Jain & Sons and the defendant agreed to co-operate in the same.

3. It is the case of the plaintiffs in the plaint, (i