Hindu female, exclusive owner of property - On her death, her legal heir not becoming entitled to property independently of her right - But deriving right through her - adverse possession can't claim - Cause of action in earlier suit, different than that of present suit - Suit not barred by O.2, R.2 - not applicable to partition suit

Citation

AIR 2017 SUPREME COURT 2491

SUPREME COURT

(From : Bombay)*

ARUN MISHRA , J. and S. ABDUL NAZEER , J.

Civil Appeal No. 3110 of 2012, D/- 25 - 4 - 2017

Bapusaheb Chimasaheb Naik-Nimbalkar (Dead Through LRs and Anr. v. Mahesh Vijaysinha Rajebhosale and Ors.

(A)Limitation Act (36 of 1963), Art.65 Expln.(b) - Specific Relief Act (47 of 1963), S.6 - Suit for partition and separate possession - Applicability of Art. 65, Expln.(b) - Hindu female, exclusive owner of property and not having limited/life interest in property - On her death, her legal heir not becoming entitled to property independently of her right - But deriving right through her - Defendant failing to prove adverse possession over property - Art. 65, Expln. (b) not applicable

to suit filed by legal heirs of female.

B)Civil P.C. (5 of 1908), O.2 R.2 - Second suit on same cause of action - Bar as to - Suit for partition and separate possession - Property in question not included in earlier suit for declaration of share - Cause of action in earlier suit, different than that of present suit - Suit not barred by O.2, R.2. Specific Relief Act (47 of 1963), S.6, S.34 - AIR 1996 SC 378, AIR 1997

SC 1398, Rel. on.