JUDGMENT :

SIDDHARTH, J.

1. Heard Sri. Chandra Kumar Rai, learned counsel for the appellant and Sri. Kunal Shah, learned counsel for the respondents and perused the record of the court below.

2. This first appeal has been preferred by the defendant-appellant against the judgment and decree dated 13.03.2019 passed by Civil Judge (Senior Division), Gautambuddh Nagar in Original Suit No. 1334 of 2010 (Ranpal Singh vs. Amar Singh and Others).

3. Plaintiff/respondent no. 1 instituted an Original Suit No. 1334 of 2020 praying for a decree of partition of 1/5 share in respect of property in dispute shown by letters A, B, C and D being Khasra No. 120, area 525 square yards. The pedigree mentioned in the plaint is as follows:-

Ranpal (plaintiff/respondent no. 1)

Amar Singh (defendant no. 1/appellant)

Late Shri Ramphal

Raghubar (defendant/respondent no. 2)

Ram Niwas (defendant/respondent no. 3)

Smt. Rameshari (defendant/respondent no. 4)

It was pleaded in the plaint that plaintiff/respondent no. 1 and defendants, who are five in numbers, are real brothers and sister. Their father died on 29.08.2007 and after his death plaintiff/respondent no. 1 and defendants are entitled to 1/5 share each in the prope