JUDGMENT :

JAYANT NATH, J.

1. This suit is filed by the plaintiff seeking partition of the suit property bearing No.18, Doctors Lane, Gole Market, New Delhi. A preliminary decree of partition is sought determining the shares of the Plaintiff No. 1 & Defendant no. 9 as 1/4th each; the shares of Plaintiff Nos. 2, 3 and 4 as 1/12th each; the shares of defendants No.1 to 5 as 1/24th each and the shares of Defendant Nos. 6-8 as 1/72nd each.

2. The case of the plaintiff is that the father of plaintiff No.1 Shri Narayan Agarwal acquired huge wealth during his life time. The suit property was bought by Sale Deed dated 7.4.1942 in the name of his other son Shri Chand Ratan Agarwal. The father Shri Narayan Agarwal died in January 1947 leaving behind his wife Mrs. Mohandevi and four sons, namely, Late Shri Chand Ratan Agarwal, Late Shri Bishanswarup Agarwal, Late Shri Suraj Narayan Agarwal and plaintiff No.1 as his legal heirs. The dispute here pertains only to the suit property as it is stated that other assets forming part of the estate of the deceased have been distributed except the suit property which is a joint property of the sons to the exclusion of the mother.

3. It is further stated tha