JUDGMENT

1. The plaintiff Nikhil Batra has instituted this suit against (i) Diwakar Batra, (ii) Sudhakar Batra, (iii) Ratnakar Batra, (iv) Divya Batra, and, (v) Bhavna Batra, for partition of property No.A-2/27, Janakpuri, New Delhi pleading that, (a) the aforesaid property was acquired by paternal grandmother Kanta Batra of the plaintiff from the monies received by her husband K.N. Batra i.e. the paternal grandfather of the plaintiff for giving up his share in property F-259, New Rajinder Nagar, Delhi which was the property of the Hindu Undivided Family (HUF) of B.D. Batra being the paternal great grandfather of the plaintiff; (b) B.D. Batra along with his sons K.N. Batra and S.K. Batra born in the years 1924 and 1939 respectively, had migrated from Multan now in Pakistan and in lieu of properties left behind in Pakistan was allotted property No.F-259, New Rajinder Nagar, Delhi which was property of the HUF; (c) B.D. Batra died on 3rd June, 1955 leaving two sons viz. K.N. Batra and S.K. Batra and property No.F-259, New Rajinder Nagar, Delhi belonged to the HUF of K.N.Batra and S.K. Batra; (d) as per mutual settlement between K.N. Batra and S.K. Batra, K.N. Batra in lieu of his s