S.SANKARI Vs. G.ASHOK KUMAR

JUDGEMENT

(1.) The 3 rd defendant in O.S.No.93 of 2014 whose application in I.A.No.134 of 2016 seeking rejection of the plaint on the ground that the suit is barred by limitation was dismissed by the trial Court, has come up with this revision.

(2.) The suit in O.S.No.93 of 2014 was filed by the respondents 1 to 5 herein, seeking declaration that the sale deed executed by the 4th defendant in favour of the 1st defendant on 05.11.1984 is not binding on them and for partition and separate possession of their 5/6 th share in the suit properties. According to the plaintiffs, the suit properties originally belonged to one Munusamy, who died intestate and on his death, it devolved on his two sons namely Ganesan and Natarajan. The second son Natarajan also died issue less. The elder son Ganesan has purchased the share of Natarajan and thus he became the absolute owner of the property. The said Ganesan died on 25.09.1983. On 05.11.1984, the 4th defendant Thavamani namely the wife of Ganesan had sold the entire property in favour of the 1st defendant who in turn sold the property to the 3rd defendant. Contending that the sale is not binding on them, the plaintiffs have come up with this suit.

(3.) The 3rd defendant upon entering appearance, filed an application under Order VII Rule 11 of the Code of Civil Procedure, for rejection of the plaint contending that the suit is barred by limitation in view of Article 60 of the Limitation act which deals with the sale of property by the guardian of the ward.