J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The plaintiff has filed the present suit, against his real brothers Shri Ram Kumar and Shri Ram Phal, for Partition, Permanent Injunction and Mesne Profits/ Damages.

2. Admittedly, the suit property bearing No.21, measuring about 400 square yards, comprised in khasra No.33/19min, Dharam Colony, Village Nangloi Jat, Delhl-110041, (hereinafter referred to as the “suit property”), was jointly purchased by the plaintiff and the defendants in the year 1978, on the basis of GPA, Agreement to Sell, Affidavit, Will and Receipt dated 22.02.1978 and thus, all of them have 1/3rd undivided share in it. After the purchase of the suit property, the same was constructed from time to time in parts.

3. Two rooms along with bathroom and Kitchen on the ground floor and two rooms on the first floor were constructed at the back portion of the suit property in the year 1978. In addition to the same, two shops on the ground floor were also constructed at the front portion of the property. The Plaintiff and the Defendant No. 1/ Sh. Ram Kumar occupied one room each out of the two rooms on the First floor, while the Defendant No.2 Sh. Ram Phal and their mother, were