R.S.A No. 2312 of 2008 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 2312 of 2008 Date of decision : November 12, 2008 Rattan Singh, ...... Appellant. through Mr.S.K.Yadav, Advocate v. Hukam Singh and others, ...... Respondents CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This is an appeal against the concurrent findings of both the Courts below dismissing the suit of the plaintiff-appellant for partition on the ground that the parties had partitioned the suit property by way of an oral arrangement in the year 1976 and that thereafter the parties were given possession of their respective shares and some had infact constructed their houses on the plots falling to their share. Counsel for the appellant contends that the finding that some joint property had not been mentioned in the suit is clearly wrong. He further contends that the site plan, Ex.D2, was never proved. With regard to the first contention of learned counsel for the appellant, the same pales into insignificance in view of the positive finding of the courts below that in fact the suit property had been partitioned way R.S.A No. 2312 of 2008 (O&M) ::2:: back in the year 1976. Whether or not the plaintiff-appellant could have been non-suited on the ground of non mentioning of the entire property, therefore, loses any importance. As regards the second contention that the site plan was not proved, it is to be noticed that the appellant never disputed the same and, thus, there was no occasion to prove that document formally. Counsel for the appellant has not been able to show me that the findings of fact regarding partition of suit land in 1976 are perverse or can be held not to arise from the evidence on record. I, therefore, hold that the questions of law proposed in this appeal do not arise. Consequently, the appeal is dismissed with no order as to costs. ( AJAY TEWARI ) November 12 , 2008. JUDGE `kk'