Partition suit eviction of tenanst and relatives

M Satyanarayana (Querist) 22 September 2014 This query is : Resolved
Sir,
I got 2/3rd share in partition suit pending for final decree. My 2/3rd share is occupied by my sister since I am not in possession of 2/rd share. My sister inducted tenants and her own relatives in the possession. When can I evict these unauthorized occupants on my property. I have a decree for possession 2/3rd share against my sister who is the co-owner. Can I have a right to evict my sister’s relatives and tenant when there is still advocate commission pending and mesne profits due. Can I have a right to take action against unauthorized occupation and use of my property.
Please kindly advise.
Thank you
MSN

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Advocate. Arunagiri (Expert) 22 September 2014
If you have a judgement for possession also, you can file EP and take possession.

Rajendra K Goyal (Expert) 23 September 2014
Send legal notice to illegal occupants. If does not vacate, file suit for taking possession.

ajay sethi (Expert) 23 September 2014
agree with Mr arunagiri

T. Kalaiselvan, Advocate (Expert) 30 September 2014
Your suit has not been disposed yet, even the advocate commissioner has not been appointed or if appointed he has not filed his report,so you have not been properly allotted with your share, what is the urgency, wait for the disposal of the partition suit and then go for possession.

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