M C SUBBANNA Vs. NANJAMMA

JUDGEMENT

(1.) This second appeal has been referred to a Bench by Malimath J. as a substantial question of law on which There is no decision of this Court is involved in the case.

(2.) The plaintiff was the decree-holder in original suit No.14 of 1951-52 on the file of the Court of the Second Munsiff, Mysore and became purchaser of the suit schedule lands which were sold in execution of that decree. The sale was confirmed on 14-2-3959 and the sale certificate was issued on 13-4-1961; hut he did not apply for delivery of the property purchased under Order XXI Rule 95 CPC. He instituted O.S. No.68 of 1963 in the same Court on 23-2-1963 for partition and possession of items Nos.1, 2 and 4 and for possession of item Nos. 5 and 6 and for mesne profits from date of suit till delivery of possession.

(3.) Defendants 3, 4, 7 and 8 alone contested the suit. Their contention, inter alia, was that the suit is barred by S.47 CPC., and that the suit for partition of items 1, 2 and 4 was not maintainable as the plaintiff had purchased defined portions of the lands.