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Judgment
N S Sanjay Gowda, J
The sisters of petitioner No.1, Smt. Rathnamma and Smt.Varalakshmamma instituted a suit seeking partition of suit properties. It was their contention that the suit properties were the self-acquired properties of their father Sri.B.N.Ramaiah and after his demise, they had acquired a share in the said properties.
It is their further case that after the demise of their father, petitioner No.1 had gotten the revenue entries changed in his favour and, thereafter, had proceeded to execute a gift deed in favour of his son, defendant No.2 and the same was not binding on them.
On the suit being instituted, an application was filed by the defendants seeking to reject the plaint. The said application has been rejected by the Trial Court and hence this Revision.
Learned counsel for the petitioners contend that the plaintiffs were aware of the mutation which was effected in the year 2006-07 and yet, the suit was filed only in the year 2022. Thus, the suit is clearly barred by time.
In my view, this cannot be a ground to reject the plaint. The mere change of katha in the year 2006-07 will not be the starting point for limitation for a suit for partition. The suit for partition herein is based on the premise that the plaintiffs acquired a share in the suit properties on the death of their father and they were entitled to seek partition of properties to get their share determined.
In my view, there is absolutely no ground to entertain this Revision and the order of the Trial Court is just and proper. Revision is, therefore, dismissed.