A Court auction purchaser of an undivided interest of a co-parcener in a joint Hindu family cannot be inducted into joint possession with erstwhile co-parcener - suit brought within twelve years from the date when the sale became absolute would be within time.

Citation

AIR 1955 MADRAS 202

MADRAS HIGH COURT

(Principal Seat at MADRAS) GOVINDA MENON, J. and RAMASWAMI, J.

Appeal No.818 of 1949, (against decree of Sub. J., Chingleput, D/- 10-1-1949.) D/-20-7-1954

Boologam Naidu v. Jagannath and others

Limitation Act (9 of 1908), Art. 120, Art.127, Art.136, Art. 137, Art. 138 - Applicability - Suit for partition and possession by an auction purchaser of undivided interest of a co-parcener - (Hindu Law Joint Family - Purchaser of co-parcener's undivided interest - Rights of).

A Court auction purchaser of an undivided interest of a co-parcener in a joint Hindu family cannot be inducted into joint possession with erstwhile co-parcener whose rights have been sold and purchased by him. suit for partition and possession by such a purchaser is governed by Art.138 and not by Art. 120 or Art.127 or Art. 136 or Art.137 and therefore a suit brought within twelve years from the date when the sale became absolute would be within time. (Paras 6 7 8)