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1973 Supreme(Ori) 66

G.K.MISRA, S.K.RAY
KHETRA PRAJA RATNA – Appellant
Versus
IPPLILLI RAJENDRA RAO – Respondent


Advocates Appeared:
A.K.TRIPATHY, B.B.SAHU, S.C.ROY

G. K. MISRA, C. J.

( 1 ) THE plaintiff and the late Ippilli Rangava (hereinafter to be referred to as 'rangava), were undivided brothers forming a Hindu Joint family. Rangava was the karta. Defendant-1 borrowed some money from late Rangava, Plaintiff filed O. S. No. 6/42 in the Court of the Subordinate Judge, Berhampur, and obtained a money-decree. In execution of that decree he purchased the undivided one-fourth interest. by two sale-certificates, ext. 1 dated 20th February. 1951, and ext 2 dated 10th May, 1951, of the coparcenary properties belonging to defendant-1 and other coparceners who have been impleaded as defendants in this case. He took symbolical delivery of possession of the undivided interest purchased by him. The delivery receipts are exts. 3 and 4 dated 10-10-1951. He filed suit for partition on 10-10-1963. Though a large many defences were taken in the written statement, at the final hearing defendants contested the partition suit only on the ground of limitation. Their case is that the suit is barred by limitation under Article 144 of the old Limitation Act, and that the Limitation is to run from the date of confirmation of the sale when the plaintiff acquired ti







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