SONAMMA Vs. AKKAYAMMA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioners.

(2.) In this revision petition, the petitioners have challenged the order of rejection dtd. 22/6/2021 passed on I.A.No.XVI filed under Order 7, Rule 11(a) and (d) read with Sec. 151 of CPC, in O.S.No.59/2010 on the file of the II Additional Senior Civil Judge & JMFC., Devanahalli.

(3.) The main contentions urged before the Trial Court is that the suit is filed after lapse of long time and the relief is also sought for the relief of declaration, partition and separate possession. Originally the suit schedule property belongs to one Smt. Sakamma. She had sold the suit schedule property to one Doddaramaiah under a registered Sale Deed bearing Document No.666/1960-61 dtd. 30/5/1960. Thereafter, said Doddaramaiah sold the suit schedule property in favour of one Sonnappa on 19/11/1962. The said Sonnappa died leaving behind his legal heirs i.e., his wife by name Smt. Munithayamma (defendant No.1) and his minor children. It is also contended that the said defendant in order to meet the family necessities and education expenses of the plaintiff and defendant Nos.2 to 6, said Munithayamma sold the suit schedule property in favour of the father of defendant Nos.8 to 10 by name Kempanna under registered sale deed bearing document No.1021/1969-70 dtd. 26/6/1969. The said Kempanna had enjoyed the suit schedule property as an absolute owner in possession. Hence, the suit is barred by limitation as per Article 58 of the Limitation Act . On these grounds also, the plaint has to be rejected.