VEERASWAMI, J. :- The question in this second appeal is whether the suit filed by the respondent, beyond 12 years of his purchase of 17/24 shares out of the suit property from all but one co-sharer, for partition and separate possession of such shares is, in the absence of any proof of ouster by the co-sharer in possession of the entirety of the property, barred by limitation. The property originally belonged to one Kadar Mohideen Rowther, who died in 1915 leaving his widow, two sons of whom the defendant who is the appellant in this court was one, and two daughters. It is common ground that the appellant is entitled to 7/24 shares. The respondent purchased the remaining 17/24 shares from the relative co-owners on 18th October 1945. He instituted the instant suit, out of which this second appeal arises on 20th January 1958. The suit was resisted by the appellant on the main ground that it was out of time. On that question the courts below were disagreed, the lower appellate court expressing the view that the suit was within time. The appellant made a further plea claiming that he had since 18th October 1945, put up certain buildings on the suit property and had also effect