HARBIR KAUR Vs. CHARAN SINGH TIWANA

JUDGEMENT

(1.) This is a second appeal by the plaintiffs against the judgment and decree of the Additional District Judge, Patiala, dated the October, 1974.

(2.) Briefly, the facts are that the plaintiffs and the defendants were the joint owners of the properly in dispute. A suit was instituted by the plaintiffs for possession by partition with regard to it. It was decreed in favour of the plaintiffs who, in pursuance of the decree, took possession of their share through the Court on 27th Nov. 1970. It was on rent with the tenants at the rate of Rs. 103/- P. M. Out of the rent, the plaintiffs have been receiving Rs. 28/- P. M. and the defendants. the balance amount. The case of the plaintiffs is that no account of the rent received by the defendants was rendered by them to the plaintiffs from July, 1964, onwards. Consequently, they filed a suit for rendition of accounts and for recovery of the amount found due to them.

(3.) The suit was contested by defendant No. 1 only, who inter alia pleaded that it was barred under Order 2, R. 2 and Section 11 of the Civil P. C. that it was not within limitation and that no suit for rendition of account was maintainable for the reason that exact amount was known to them.