SACHIDA NAND Vs. MANGI LAL

JUDGEMENT

(1.) THIS is a miscellaneous appeal under Order 43, Rule 1 (ii), C. P. C. against a judgment of the Senior Civil Judge, Gangapur remanding a. suit under Order 41, rule 23 C. P C

(2.) ONE Ram Chander was the owner of a shop. Ram Chander's descendants formed a joint Hindu family and owned this shop in undivided shares. Ghisa and his sons owned half share in this undivided shop which was sold in execution of a decree of Johrilal at an auction sale. This half undivided share of the shop was purchased by Ghudmal. A sale certificate was issued in his favour on 14-8-39 and symbolic possession was delivered to him under Order 21, Rule 35 (2) and Order 21. Rule 96 on 11-9-39 Ghudmal's sons Mangi Lal and Prahalad Kumar instituted the present suit for partition of the shop and for delivery of possession to them over their half share after partition on 22-7 59 Kanchan and Manohari who owned one-fourth of the shop and Sachida Nand and Babulal who owned one fourth were impleaded is defendants. They contested the suit inter alia on the ground that it was barred by limitation the trial court accepted this plea and dismissed the suit Against that decree the plaintiffs preferred an appeal The Senior Civil Judge, Gangapur, held that the suit was within limitation and remanded the suit for trial court in accordance with law against that order the present miscellaneous appeal has been filled by Sachida nand defendant No. 3.

(3.) IT may be stated here that the plaintiffs alleged that Kanchan was in occupation of the whole of the shop and he executed a rent-note in favour of Ghudmal on 49-40 for half the shop and continued to pay rent for it upto 25-3-55. This allegation is however denied by Kanchan and the other defendants.