R.S.A.No.2557 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2557 of 2008 Date of Decision : 16.7.2009 Raghbir Singh ...Appellant Versus Ranjit Singh ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Kuldip Sanwal, Advocate, for the appellant. Mr. H.S.Tuli, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for partition of house, was dismissed. The said house was initially owned by Thakur Singh, father of the parties. As per the plaintiff, the said house is still joint, whereas as per the defendant, the property stands partitioned and that the parties are residing separately since 1974 and that the plaintiff has no share in the house in possession of the defendant, as he has a house, which is situated at some distance from the house in dispute. It has also been found that earlier plaintiff has filed a civil suit, which was withdrawn on 20.5.1993 and, therefore, the plaintiff cannot reagitate the issues, which were raised by the plaintiff in the earlier suit. Both the Courts have appreciated the entire evidence to return a finding of fact that property stands partitioned and is not a joint property. R.S.A.No.2557 of 2008 2 Such finding is based upon the oral and documentary evidence led by the parties. Even the plaintiff has withdrawn his earlier suit claiming similar relief. Withdrawal of the said suit in fact supports the finding that the property was in fact partitioned. In view of the above, I do not find that any substantial question of law arises for consideration of this Court. Dismissed. 16.7.2009 (HEMANT GUPTA) Vimal JUDGE