JUDGMENT :

Neena Bansal Krishna, J

1. A family litigation was commenced by the plaintiff Sh. Suraj Bhan Arya, for Partition, Declaration and Permanent and Mandatory Injunction against his three brothers Sh. Pooran Chand Arya, Sh. Kishan Singh Arya, Sh. Lakhan Singh Arya, sister Smt. Murti Devi and mother Smt. Ramkali who are the defendants in respect of house bearing no. 18, Masihgarh, New Delhi-110025 constructed on a plot of 600 sq. yards of which the father Late Sh. Kishan Lal was the exclusive owner and in possession.

2. The plaintiff and the defendants were married and happily living together with their respective families. The case of the plaintiff is that in the year 1995, plaintiff and defendant nos. 1 to 3 by mutual agreement had occupied one portion each of the property in question without their being any actual and final division of the property. By virtue of this Arrangement, defendant no. 4 sister and defendant no. 5 mother did not get the possession of any part of the property, though as per the law of inheritance and succession, they were entitled to a share in the property being Class I legal heirs. Shri Kishan Lal during his lifetime had constructed two shops, in addi