defendant has produced Ex.D4 which discloses that partition was effected between plaintiff and defendant. Further, the defendant has also produced the statement of the plaintiff before the Deputy Tahsildar admitting about the partition effected between the plaintiff and defendant and that he has got 22 guntas of land in the partition and on the basis of the said statement made by the plaintiff, the revenue authorities passed an order for change of entries in the revenue records in the name of the plaintiff as per Exs.D6 and D7. On the basis of the said partition, the names of plaintiff and defendant are entered in the revenue records. The defendant has produced Exs.D8 to D10, RTC extracts which discloses that the properties were allotted to the respective parties in the partition effected on 28.02.1987. The plaintiff himself has admitted in the course of cross-examination in regard to the prior partition. Section 58 of the Indian Evidence Act, 1872, the fact admitted need not be proved. PW-1 has admitted regarding prior partition and that he is residing separately, for more than 2 to 3 times. When the plaintiff is not a
