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Gurbachan Singh vs. Gurcharan Singh (SC)

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Partition–Fact up to effect whether it had taken place or not–Establishment–Claim of the appellant that his unpartitioned share has been sold by the defendants–Testimony of defence witnesses shows that the father of parties had partitioned the property during his lifetime–Selling of the part of the share of the appellant in an undivided property, is a question that does not arise–Appellant himself admitted to having sold one plot in favour of A, claiming himself to be the exclusive owner of such property–It contradicts the fact that the property was unpartitioned–Held, High Court rightly reversed the findings of Courts below.