KUMARA PILLAI Vs. VELAPPAN PILLAI
HIGH COURT OF KERALA
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(1.) This appeal is by the plaintiff in a suit for partition.
(2.) Survey No. 71/1C of Parassala village, 2 acres 44 cents in extent, was an Oodukoor holding, with pattahs Nos. 393, 394 and 395, for 1/3 each. Subsequently, the Oodukoor Settlement Officer has declared the property to be a joint holding of all the cosharers.
An undivided 1/3 of the property, involved in pattah No. 395, was sold on 4-12-1112 M. E. under the Revenue Recovery Act, and confirmed on 26-4-1115, to one Sankara Pillai. On 24-7-1115 the; auction purchaser obtained symbolical delivery of the share purchased by him. On 19-11-1954, he assigned his rights to the plaintiff. Thus the plaintiff has become the owner of an undivided 1/3 share in the property.
(3.) The plaintiff claims partition and possession of his share, from defendants 1 to 23 who are owners of the other 2/3 share in the property. The 17th defendant contended that for non joinder of others who are also cosharers to the property the instant suit for partition has to fail and that this suit instituted beyond 12 years of the revenue sale and delivery thereunder, is beyond limitation. The Courts below have accepted both the contentions and have dismissed the suit. Hence this second appeal.;
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