KUPPURAJ Vs. K ARJUNAN

JUDGEMENT

(1.) THIS is an appeal, against the Judgment and decree of Sethuraman, J., dated 21st November, 1975, rendered in S. A No. 136 of 1973. The suit property admittedly belonged to one Muthayya Udayar, who had two sons, by name, Ramaswami and Marudachalam. Ramaswami died long ago and his son Mariappan, the first defendant in the suit, and Marudachalam entered into a partition on 10th May, 1939, under which each of them got a half share in the suit property. The half share of the property allotted to Marudachalam was alleged to have been leased in favour of the first defendant under Exhibit A-2 dated 10th May, 1939, i. e., the same day as the date of the partition. On 9th April, 1969, the first defendant sold, not only his half share in the suit property, but also, the other half share of Marudachalam, for a consideration of Rs. 7,200 in favour of the second defendant. The plaintiff and the third defendant are the sons of Marudachalam. The plaintiff filed the present suit for partition and separate possession of 1/4 share in the suit property, viz., a half share in Marudachala's share of the suit property, the other half going to the third defendant, on the ground that the first defendant had no right to alienate the property belonging to Marudachalam.

(2.) A written statement was filed only by the second defendant, the first defendant and the third defendant not contesting the suit. According to the second defendant, Marudachalam had, during his life time, sold his half share of the suit property to the first defendant for a sum of Rs. 75, that the first defendant had thus become the absolute owner of the entire property and therefore the first defendant was entitled to execute the conveyance validly in favour of the second defendant. The second defendant also put forward a plea that the suit was barred by limitation.

(3.) WHETHER the suit is in time"