Nandan Singh vs Laxmi Devi Since Deceased Through Lrs ... on 24 January, 2025
21. It is the case of respondent no.2/defendant no.2 that the
appellant/plaintiff deliberately and intentionally did not file the Civil Suit for
partition during the lifetime of respondent no.2/defendant no.2, Mr. Pratap
Singh, who died on 21.10.1990. It is his submission that the
appellant/plaintiff has himself admitted that there is a wall existing between
1
AIR 2005 Delhi 190
Signature Not Verified Signature Not Verified
Digitally Signed By:NEHA Digitally Signed
CHOPRA
Signing Date:24.01.2025 By:PURUSHAINDRA
18:37:19 10 KUMAR KAURAV
property no.61 and 62 and the said wall was constructed by respondent
no.2/defendant no.2 during his lifetime. Learned counsel, therefore, submits
that the Court below has thoroughly examined the material available on
record and has rightly evaluated the evidence which does not require any
reconsideration. He, then, placed reliance on a decision passed by this Court
in the case of Vineet Sharma v. Rakesh Sharma and Ors.2, the decision of
the Rajasthan High Court in the case of Shubh Narayan Mathur v. Kailash
Narayan Udawat and Others3 and another decision of this Court in the case
of Suraj Bhan Arya v. Pooran Chand Arya4.