Suit for partition - suit property was sold in year 2002 itself and plaintiffs being female heirs, had no subsisting right, title or interest in year 2002 - Said application rejectedon account of being mixed question of fact and law - Plaint not liable to be rejected.

Citation 

AIROnline 2023 KAR 554

Karnataka High Court

R. NATARAJ , J.

CIVIL REVISION PETITION - 71 of 2017 D/- 17 - 3 - 2023

Ranjan R. Pai v. Kamalamma and Ors.

Civil P.C. (5 of 1908), O.7 R.11 - Rejection of plaint - Refusal - Suit for partition - Application filed by defendant contending that suit property was sold in year 2002 itself and plaintiffs being female heirs, had no subsisting right, title or interest in year 2002 - Said application rejected

on account of being mixed question of fact and law - Suit for partition based on assertion that suit property is joint family ancestral property - Plaint itself indicated that first transaction concerning suit property was in year 2002 and since then plaintiff did not had any subsisting

right, title or interest let alone cause of action to file suit for partition - Plaint not liable to be rejected.       (Para 9)