HELLO SIR i am jasdeepsingh sidhu from gurdaspur punjab... my father my uncle and my three paternal aunts got residential bulding after partion in court from my grandfather's brother family in 1980's in 1985-1986 my uncle gone to German to earn his livelihood. he is now nri. he became co sharer in the property. this property consisting of 5 shops in the front of the house in which 2 shops are in possession of my father and in three shops there are tenants.. my father wrote rent deeds to them three tennants are respectively as in shop no 1 surinder sodhi in 2 gurmukh singh in 3 narinder singh on gurmukh singh my father suite a file of eviction in 1990 and 2004 becase he did not give rent so my father got rent in court and case dismissed in 2007 my father and his brother sisters with mutual understanding verbaly partationed the 5 shops as 2 shops who are in p[possession of my father came to our portion and the shops were on rent came to my uncle who is nri. my uncle{jaswinder singh} file the eviction petition on three tenants from which he won in 2 shops as shop no 1 and shop no 3... { as shop no 1 surinder sodhi's uncle won from high court too in 20th may 2016} he lost the case from gurmukh sikh as judge wrote 1. as one owner/co sharer file a case on this respondent to evict in 1990 and 2004 and now another owner/co sharer is filing on same respondent in 2007 as he did not gave me any proof of family partition between these five brother sisters so no one knows who is owner of this shop. 2. he wrote in his judgement this to. as in court i asked the balwinder singh and jaswinder singh that when did u do the partion and they said in 2007 and did not gave me any proof or date so if they partitioned and balwinder singh alredy filed case against the respondant in 1990 and 2004 and jaswinder singh became the owner now in 2007 then he will have to wait for five years to avail the benefits of sec 13b. so he dismissed our petition now my question is there any clause or case which state that nri does not have to wait for 5 years as this is his ancestoral property and he became co sharer in 1980's because the other 2 cases he won on the basis of became co sharer in this property in 1980's partition .. please help us and tell us some connected case.