AIR 2015 (NOC) 1265 (KAR.) ::2015 (3) AKR 706

Karnataka High Court

Hon'ble Judge(s): N. Kumar, H. Billappa , JJ

(A) Civil Procedure Code (5 of 1908) O. 20, R. 18— Suit for partition — By plaintiff claiming to have been excluded from joint family property — Relationship between parties who were brothers and sisters was found to be cordial — Relinquishment deed by sisters not registered — No relinquishment therefore, took place under said deed — Rights of plaintiff and her sisters therefore continued — No plea of adverse possession or ouster in written statements — Ouster or adverse possession cannot be inferred in such case — Non-framing any issue regarding ouster — Justified — No evidence regarding ouster — Order however, holding suit as barred by limitation only by picking up some admission from evidence of plaintiff with regard to possession — Cannot be sustained (Para 68) Limitation Act (36 of 1963), Art 110

(B) Limitation Act (36 of 1963) Art. 110, R. 18— Ouster from joint family property — Proof — Plea that there was partition between defendant brothers — Pursuant to which properties were mutated and taxes were paid — Mere change in RTC entries or changing the khata or payment of tax by defendants will not amount to asserting hostile title (Para 66)

(C) Karnataka Court-fees and Suits Valuation Act (16 of 1958) S. 35 (1), 35(2) — Partition suit — Valuation — Court fee — Plaintiff stated in plaint that she is in joint possession of suit schedule property — Plaintiff thus, was co-owner — Possession of one co-owner is possession of all co-owners — Valuation of suit under S 35(2) is proper — Direction of trial court to value suit on market value of plaintiff— s share under S 35(1) — Not justified (Para 78)