PARESH DAMODARDAS MAHANT Vs. ARUN DAMODARDAS MAHANT

JUDGEMENT

(1.) Preliminary issue of limitation has been framed thus :

(2.) It is required to be decided under Section 9A of the CPC. Both counsel state that the parties do not desire to lead any evidence and the issue be decided upon the pleadings.

(3.) The suit is filed by the plaintiff for an undivided 1/5th share right, title and interest in the suit property claimed by him. The plaintiff claims as one of the heirs and legal representatives of the deceased Damodardas and also as a coowner with defendant Nos.1 to 4 having an undivided share right, title and interest in the suit property. The suit property consists of a tenanted building with a temple on a ground floor called Hanuman Temple. The suit is for partition of the property by metes and bounds as also for administration of the estate of the deceased father.