owners unless ouster is pleaded. The relevant Article which would be applicable in the present case will be Article 110 of the Limitation Act and the period is of 12 years when exclusion become known to the plaintiff. For the starting point of limitation to commence, it was necessary to show that the plaintiff had been excluded from the enjoyment of the joint family property to his knowledge. The evidence on record is to the contrary. Plaintiff has constructed house over the suit property almost 4-5 years back and same has been established by the documentary evidence in the form of assessment certificate as well as admission of defendant’s own witness. Considering that the plaintiff was in enjoyment of the property and has also constructed a house thereon, it cannot be said that at any point of time to the knowledge of the plaintiff he was excluded from the possession of the joint family property. The property though purchased in name of defendant No.1 constituted joint family property. In the present case, the starting point of limitation as sought to be contended by learned counsel for the appellant would not be the date of attaining majority but would be the date when the plaintiff is excluded from the enjoyment of the joint family property.
