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As per case facts, the plaintiff filed a suit for partition and separate possession of properties belonging to her deceased father, Krishnasamy Gounder, claiming a half share as a Class-I
...legal heir. The defendants, including her brother, contended the properties were ancestral and that an oral family arrangement in 1979 had led to the plaintiff relinquishing her rights, and pleaded ouster. The Trial Court dismissed the suit citing partial partition, non-joinder, and limitation, prompting the plaintiff's appeal. The question arose whether the plaintiff's claim for partition was barred by limitation due to ouster and if the properties were ancestral. Finally, the High Court upheld the dismissal, concluding that the defendants' exclusive enjoyment and development of the properties for decades, coupled with constructive notice from a partition deed, constituted ouster, barring the suit under the Limitation Act. The court also agreed that the properties were ancestral and the suit suffered from non-joinder and partial partition.
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