TRICON PARTNERS Vs. MANDALA NEERAJA

JUDGEMENT

(1.) In this civil revision petition assailed order dated 14.9.2012 passed in I.A. No. 763 of 2012 in O.S. No. 771 of 2008 on the file of the Court of III Additional District Judge, Ranga Reddy District, L.B. Nagar. The petitioners are the defendants 8 and 9 and the respondents are the plaintiff and remaining defendants in the suit. The suit was filed for partition and separate possession of the plaint schedule properties. The defendants 8 and 9 filed the I.A. under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (CPC) to frame the following additional issues.

(2.) The plea of the defendants 8 and 9 is that they purchased the properties of the joint family of their vendors. In fact the plaintiff was ousted from the suit schedule properties thereby the defendants 1 to 4 and 6 alone became entitled to the properties. The claim of the plaintiff is that after the death of their father she became entitled to share in the properties as coparcener. According to her, the defendants 8 and 9, the subsequent purchasers, cannot take the plea of ouster in respect of any item of the schedule properties, which claim is available only to the other coparceners of the properties subject to law. It is further averred that the plea is barred by limitation.

(3.) The Court below dismissed the I.A. on the ground that the plea of ouster would be available only to the joint family members. Further by the date of filing of the suit, the sale deed in favour of the defendants 8 and 9 was only eight years old whereas by virtue of the Articles 109 and 110 of the Schedule to the Limitation Act in order to take the plea of ouster he should have been in possession of the property for at least 12 years subject to other relevant formalities.