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 residing in the Two rooms on the Ground Floor, occupying one room each. Out of the two shops, one was in possession of Defendant No. 1 Sh. Ram Kumar and the other was in possession of Defendant No. 2/ Sh. Ram Phal. Thus, the parties started living together in their respective portions.

4. According to the plaintiff, in the year 1992, the ground floor of the suit property was further jointly expanded and the three brothers jointly constructed a basement, a third shop and a Hall between the shops. The possession of the Hall was taken by the plaintiff and the third shop was taken by Defendant No. 1/ Sh. Ram Kumar.

5. Later in the year 1994, the additional seven more rooms along with two bathrooms, toilets and 2 kitchens, were constructed on the first floor at the front portion, in addition to the previously constructed four rooms, at the back portion of the suit property. The plaintiff asserts that the construction was raised jointly by them. Thus, the plaintiff and the defendants, shifted to the newly constructed first floor by occupying two rooms each with common drawing room, bathroom toilets and kitchen. The parties started using the previously constructed four rooms at the back portion of the suit property, as store rooms.

6. The plaintiff claims that in 2017, out of said four rooms on the back portion of the suit property, two rooms on the first floor collapsed due to very old construction and the remaining two rooms on the ground floor are at present in joint possession of parties, but are in a dilapidated condition.

7. The plaintiff states that in the month of June, 1995, he shifted to rented accommodation at LU-89, Pitampura, Delhi, along with his wife and child and out of love and affection, he allowed the Defendant No. 2/ Sh. Ram Phal to occupy the two rooms (first floor of the front portion) in his possession, on license basis and without taking any charges for the occupancy. Further, in the year 2012, the Plaintiff gave possession of the two rooms to the son of the Defendant No. 2 i.e. Mr. Anil Mittal on license basis, the possession of which was returned to him on 16.03.2018.

8. The Hall on the ground floor which was also in possession of the Plaintiff through his family friend Mr. Ashish Jha, who has been occupying it since 8-9 years on licence basis, without paying any charges for the same.

9. It is thus, asserted that presently the two rooms (ground floor, back portion), Hall, basement and two rooms (on the first floor, front portion) are in possession of the Plaintiff. Five rooms along with two bathrooms and a kitchen which were being constructed on the second floor of the suit property, are in possession of the Defendants and their family members.

10. The plaintiff requested for partition of the suit property by metes and bounds in the mont