averment has not pleaded any particulars of the title if any of the common predecessor of the parties to property no. M-106, Guru Harkishan Nagar, Paschim Vihar, New Delhi. On the contrary, the defendants no.1 to 3 have produced before this Court certified copy of conveyance deed dated 10th July, 1995 executed by President of India of freehold rights in land underneath the said property in favour of defendant no.1 i.e. during the lifetime of the common predecessor of the parties, for partition of whose estate this suit is filed. The same amply demonstrates that the said common predecessor was not the owner of the said property and the same does not form part of his estate. The plaintiff, in the plaint, has not challenged the said conveyance deed or claimed any relief with respect thereto. In the replication filed by plaintiff to written statement of defendants no.1 to 3 also, the plaintiff has merely pleaded that the said property was purchased from the income of plaintiff and which plea does not make the property the property of the common predecessor, to be partitioned as part of his estate. 18. In the aforesaid state of affairs, there is no need to put the claim of the plaintiff for partition of flat no. M-106, Guru Harkishan Nagar, Paschim Vihar, New Delhi to trial and the plaint, insofar as for partition of the said property, is rejected and / or the suit, insofar as for partition of said property, is dismissed.
