Vineeta Sharma vs Rakesh Sharma & Ors on 15 May, 2018
14. The assertion of the learned counsel for the appellant that
the L.T.Ms. on Ex.D-4 had been admitted and therefore, the earlier
partition will have to be accepted, is untenable. As stated in the
decision of the Hon'ble Apex Court in Vineeta Sharma vs. Rakesh
Sharma and others, [2020) 9 SCC 1], [Vineeta Sharma], it is only
in exceptional circumstances, where the plea of an earlier partition
is supported by a public document and the partition is finally
evidenced in the manner as if it had been effected by the decree of
a Court, the plea of an earlier partition cannot be accepted.