VALMIKI J. MEHTA, J.

1. By this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC), the plaintiff impugns the Judgment of the Trial Court dated 16.08.2017 by which the trial court has dismissed the suit for partition filed by the appellant/plaintiff with respect to the property bearing no. WZ-1018C, Nangal Raya, Pankha Road, New Delhi on account of the fact that the trial court found that the partition of the suit property had already taken place in the year 1971 and each of the parties had constructed on their own portions and are enjoying the same since the year 1971.

2. The facts of the case are that the appellant/plaintiff pleaded that he alongwith his deceased brother Sh. Mohan Lal, the predecessor-in-interest of the respondents/defendants, purchased the suit property in terms of a registered Sale Deed dated 31.01.1970. It is pleaded that there was no partition between the appellant/plaintiff and his deceased brother, Sh. Mohan Lal, or their successors-in-interest being the respondents/defendants and since though requests for partition were made, the same was not agreed to, and thereafter the subject suit for partition was filed.

3. Respond