JUDGMENT :

Jasmeet Singh, J.

1. Since both the suits are interconnected between the same parties and have been consolidated vide order dated 14.10.1997, common evidence has been led and have been heard together; hence, both the suits are being decided by this common judgment.

2. In CS (OS) 1300/1992, plaintiff No. 1 is Rajeshwar Nath Gupta, plaintiff No. 2 is Raghavender Nath Gupta, plaintiff No. 3 is Ravinder Nath Gupta and plaintiff No. 4 is Rajender Nath Gupta. For the sake of convenience, they are collectively referred to as “Gupta family”. Defendant No. 1 is Ashok Jain, Defendant No. 2 is Smt. Sheelawati and Defendant No. 3 is Smt. Prabha Jain. For the sake of convenience, they are collectively referred to as “Jain family”.

3. Suit bearing CS(OS) 1300/1992 is filed by the Gupta family, who seeks the following prayers:-

“I) declaration that the suit property bearing No. 4, Cavalry Lines, comprising land admeasuring 3504.57 sq. metres, is incapable of being partitioned and, in any case, cannot be partitioned under the terms of perpetual lease of the land underneath the aforesaid entire property.

In the ALTERNATIVE, it may he declared by this Hon'ble Court that there can be no partitio