Judgment :-

Deepak Verma, J.

1. Leave granted.

2. Parties to the litigation are real brothers having spent their childhood with cheer and joy in the courtyard, are here, now fighting tooth and nail for their respective shares in a piece of plot admeasuring 3149.75 sq. yds. allotted to the partnership firm, viz., M/s. Narinder Kumar Malik & Surinder Kumar Malik at D-2, Udyog Nagar, Rohtak Road, New Delhi.

3. Even though the partnership business could never commence but the plot in question continued to be owned by both of them as partners of the firm to the extent of 50% each. On account of differences having arisen between the parties, the present appellant-Narinder Kumar Malik was constrained to file a suit bearing No. 779 of 1997 before the High Court of Delhi, later transferred to the Court of Additional District Judge, Tis Hazari, Delhi and was numbered as 289 of 2004, claiming 1/2 share in the aforesaid piece of land allotted to the partnership firm.

4. The respondent filed a written statement and took an objection that the property was owned by a partnership firm and thus the suit for partition was not maintainable and rather a suit for dissolution of partnership firm ought to