JUDGMENT

Prathiba M. Singh, J. A suit for partition of property ad-measuring 200 sq. yds. in Arjun Nagar, Kotla Mubarakpur, Opp. Defence Colony, New Delhi (hereinafter `suit premises') was filed by Mr. Ved Prakash Sharma (hereinafter `Plaintiff') against the family members of his two brothers - Mr. R.P. Sharma and Mr. O.P. Sharma. In the said suit, Defendant Nos.1 and 2 represent the family of Mr. R.P. Sharma and Defendant No.3 is the widow of Mr. O.P. Sharma.

2. The case of the Plaintiff is that he along with his brother i.e. Mr. O.P. Sharma and the wife of the second brother - Mrs. Raj Rani Sharma purchased the suit premises. Each of the brothers/their family owned 1/3rd share. Despite repeated requests, the Defendants did not agree for partition. Hence the suit for partition.

3. In the written statement, Defendant No.3 - Mrs. Puran Laxmi Sharma - wife of Mr. O.P. Sharma, primarily pleaded non-joinder of necessary parties. She took the stand that she is residing in a portion of the suit premises which is less than her 1/3rd share in the property. Finally, it was averred that physical division of the property is not possible by metes and bounds.

4. The family of Mr. R.P. Sha