JUDGMENT :

1. The short question that arises for consideration in this Second Appeal is whether the suit is barred under the provisions of Order 2 Rule 2 CPC.

2. The first defendant is the appellant. The suit is filed for partition of suit property into two shares and for possession of one such share to the plaintiff. It is alleged in the plaint that the suit property was purchased by Krishna Reddy, husband of the plaintiff in the year 1943 that subsequently Krishna Reddy executed Ex. A1 gift deed dated 7-12-1957 in favour of his father-in-law by name Narayanappa: that Narayanappa executed Ex. B2 gift deed dated 22-5-1967 in favour of his brother's children, namely the first defendant and the husband of the second defendant conveying joint half share in all his properties; that he died within two months thereafter: that the plaintiff filed O.S. No. 10/70 on the file of the District Munsif's Court, Penukonda for partition of plaint A to C schedule properties and that the plaintiff is entitled for a share in the suit properties.

3. Defence set up by the defendants is that Narayanappa purchased the property on 16-8-1943 with the joint family funds of himself but got the sale deed exe