JUDGMENT

Valmiki J. Mehta, J. (ORAL)

1. This case is on the Regular Board of this Court since 3.1.2011. Today it is effective Item No. 10 on the Regular Board. It is 1.00 P.M. and no-one appears for the parties. I have, therefore, perused the record and am proceeding to dispose of the matter.

2. The facts of the case are that one Sh. Gainda Ram, was the owner of the subject property bearing municipal No. 16/700E, Bapa Nagar, Tank Road, Dhobi Wali Gali, New Delhi admeasuring 45 sq. yds. Sh. Gainda Ram died intestate leaving behind his two sons Sh. Beni Parshad and Sh. Malkhan Singh. Plaintiff in the suit was Sh. Beni Parshad and who claimed the relief of partition by metes and bounds of the subject property against the defendant Nos. 2 to 6 who were the widow and children of late Sh. Malkhan Singh i.e. the legal heirs of Sh. Malkhan Singh. The defendant No. 1/Sh. Harphool Singh/appellant was the person who purchased the subject property from Smt. Savitri Devi widow of late Malkhan Singh/defendant No. 2 by means of documents being the Agreement to Sell, Power of Attorney and receipt dated 22.9.1987 and which documents were duly proved and exhibited in the trial court.

3. By the