SRINIVASACHARI, J.

( 1 ) THIS case has been referred to a Bench by our learned brother Bhimasankaram, J. , because he felt that the case raised an important and difficult question of Law of Limitation. One Mamidi China Venkata Sivayya purchased the undivided share to which defendants 2 to 5 in the suit were entitled at a Court auction held on 21st December, 1936, in execution of a decree passed by the Court of Small Causes. This sale was confirmed on 23rd February, 1937. Later on, on 5th March, 1939, the purchaser Sivayya sold the right he had purchased to one Prakasalingam and this purchaser, it is stated, obtained symbolic delivery of undivided share on 6th November, 1939. But it happened that subsequently the same Sivayya obtained a reconveyance of the right from Prakasalingam on 11th april, 1945.

( 2 ) SIVAYYA brought the present suit on 16th October, 1951, for partition and separate possession of the 4/5th share in the joint family properties. The suit was filed against the other coparceners and alienees from some of the coparceners. The suit was filed for a general partition. The defendants contended that the suit was barred by limitation. They relied upon Article 144 of the

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