AKHILESH KUMAR Vs. SARADCHANDRA BHATE

JUDGEMENT

(1.) This petition coming on for admission this day, the court passed the following:

(2.) Brief facts leading to the present Miscellaneous Petition are that the petitioners/plaintiffs filed a suit seeking declaration of title in respect of the property detailed in Schedule A,B,C to the plaint on the basis of a Will. Through amendment, the petitioners/plaintiffs provided the details of till treatment received by the parents of the petitioners/plaintiffs at the hands of the respondent/defendant No.1 and his wife, who happens to be the real brother and sister-in-law of the petitioners/plaintiffs. After the amendment was incorporated, now an additional issue on the plea of ouster is sought to be raised on the ground that as an alternative, the plea of ouster is maintainable and should be allowed to be taken by the petitioners/plaintiffs.

(3.) Reliance is placed on the judgment in B.R. Patil Vs. Tulsa Y. Sawarkar and others [2022 Live Law (SC) 165], wherein dealing with the aspect of ouster, it is held that three elements are necessary for establishing the plea of ouster in the case of co-owner (i) declaration of hostile animus, (ii) long and uninterrupted possession of the person pleading ouster, and (iii) exercise of right of exclusive ownership openly and to the knowledge of other co-owner.