Eviction case - whether can be filed in mumbai for the property located in up?
SANJAY JOSHI
(Querist) 25 November 2011
This query is : Resolved
Mr. F-living father partitioned the ancestral house in UP amongst three brothers A, B & C. The share of property has been duly recognised by the local court validating the partition, on which signatures of all brothers n the father is present. Presently, broter A and C liv in their part of the house. While F - the father lives in B's part of the house. B lives in Mumbai. But a few months back, brother A forcibly entered B's part of the partitioned house and forced father F to leave from there. The brother A after taking illegal possession is also refusing to hand over the possession and intimidating the brother B - the rightful owner and father. Victimised brother B has already filed a criminal case of house breaking in a court in UP against his brother A as B feels that local police are conniving with the brother A.
My doubt and query is ....
Can the victimised brother B file a civil suit for eviction against brother 'A' IN A COURT IN MUMBAI because brother 'B' is living in mumbai. or is it that 'B' has no other option but to go to UP to file the eviction case.
2nd Question: Which Act would apply here for eviction?
ajay sethi
(Expert) 25 November 2011
no suit has to be filed in UP only .
SANJAY JOSHI
(Querist) 25 November 2011
What Act would apply here?
Raj Kumar Makkad
(Expert) 25 November 2011
File suit for eviction and this is the only remedy in the given facts.