ABDUL BASHEER Vs. ABDUL KAREEM

JUDGEMENT

(1.) THESE two cross appeal arise out of the impugned judgment and decree of partition dated 18. 02. 1981, whereby the learned Additional District and Sessions Judge No. 6, Jaipur decreed the suit for partition filed by Abdul Kadar S/o Ismail Khan, Smt. Hameedan and Smt. Nazeeran against the defendant No. 1 Kamruddin, purchaser of a portion of the property in the possession of defendant No. 2 Abdul Basheer, defendant No. 3 Abdul Hakeem and defendant No. 4 Abdullah, all later three being sons of Azimulla, who was son of Ismail from his first wife.

(2.) THE plaintiffs are descendants from the second wife of Ismail Khan and during the pendency of the suit itself, the son Abdul Kadar died and his LRs, namely plaintiff No. 1/1 Abdul Kareem and 1/2 Abdul Shakoor were brought on record.

(3.) MR. R. A. Agrawal, learned counsel for the defendant- appellants submitted before this court that firstly the suit itself filed by the plaintiffs was barred by limitation by virtue of Article 110 of the Limitation Act, 1963, which is quoted hereinbelow for ready reference :- Description of suit period of limitation time from which period begins to run 110. By a person excluded from a joint family property to enforce a right to share therein. Twelve years when the exclusion becomes known to the plaintiff