Pradeep Nandrajog, J.

1. The appellant Amit Johri son of respondent No.1 K.K.Johri is the plaintiff of CS(OS) No.818/2011. He sought declaration, partition, and possession of 1/6th share in property No.1112, Chhata Madan, Gopal Maliwara, Delhi-110006. Alternatively he prayed for a decree in sum of Rs.50,00,000/- (Rupees Fifty Lacs only).

2. To understand his claim we reproduce averments made by him in para 2 to 9 of the plaint. They read as under:-

“2. For the convenience of the Hon?ble Court and to appreciate the controversy between the parties, the plaintiff herein set out the family chart:

LAXMI NARAIN

…..…………………………………………………………………………………...

K.K.JOHRI P.P.JOHRI BALDEV PD.JOHRI

(son) (son) WIFE & (son)

DEEPAK JOHRI RUPAK JOHRI 4 DAUGHTERS 2 DAUGHTERS & ONE SON

(Def.No.1) (DECEASED- (DEF. NO.2-6) (DEF. No.7 to 9)

NO HEIRS)

AMIT JOHRI

(PLAINTIFF)

3. From the above pedigree, it is clear that plaintiff herein is the great grandson of the Late Shri LAXMI NARAIN JOHRI, the grandson of K.K.JOHRI and the son of the defendant no.1 (Mr.Deepak Johri) and defendant no.10 (Ms.Kumkum Johri) having born out of the wedlock of Defendant no.1 and def