9] The plea as raised before me by Shri Warunjikar was raised before the Trial Court as also the Lower Appellate Court. The Lower Appellate Court has relied upon the mutation entries (Exhibit-64) which were prior to year 1981 which demonstrate a Partition in respect of the properties. The Partition is between the deceased Rau, Respondent No.1Plaintiff, original Defendant No.5 and the deceased Atmaram. This document together with the subsequent mutation entries amply demonstrates the factum of partition. Therefore, the objection raised that there is no oral evidence as far as the partition is concerned, in these peculiar facts, does not carry any weightage. The Lower Appellate Court in my view rightly relied upon the Documentary Evidence such as Mutation entries and concluded that right from 1981 there was severance of status between the original Plaintiff, Defendant No.5 and the deceased Atmaram. Therefore, overlooking and discarding such documentary evidence was not permissible. These are findings recorded on the basis of the documentary evidence placed before the Courts below. To my mind, accepting Shri Warunjikar’s argument
