About partition suit

You shall have to take permission from the Court.

First you withdraw the money from the Rent Control Court. You both enter into an MOU and file this MOU before the court and make it as an exhibit

My dear friend Ravindra .P,

You might have misunderstood the query.   Rs.60000/- deposited in the rent control by the tenant is a part of the assets in the partition suit and a sub judice matter hence, neither of the parties in the said suit can interfere with it .without taking leave from the court in writing.

Thank you both Advt. Biswanath Roy and Ravinder P. for your replies. I had a feeling which is the same as Advt. Roy. However my lawyer felt that since it is a mistaken entry (in error) for the partition suit, so court's permission will not be required. Incidentally the person who filed the partition suit and the present lawyer are different persons. So, I get that even an erroneous entry has to be cleared from the court before it can be proceeded with out-of-court.

According to Code of Civil Procedure if due to inadvertence you commit any error in your suit plaint to remove that error you shall have to file an application for removal that error but unless such error is removed the same will be treated as the part of the subject matter of the suit..  You may communicate my post to your lawyer.

In all the possibilities, in my opinion, you may withdraw the money lying with the rent control because it is not a movable property on your father's name instead it is an income out of the properties referred to in the partition suit, and if there is an agreement between the parties to the dispute, it can be very well withdrawn for the benefit of both, however since you have included the matter in the plaint, it becomes your duty to delete the items through a petition seeking to amend the plaint.  That is a mere formality so that there should not be a dispute over that in the future.  Your lawyer is right that you can withdraw the rental amount lying with the rent controller.

In all the possibilities, in my opinion, you may withdraw the money lying with the rent control because it is not a movable property on your father's name instead it is an income out of the properties referred to in the partition suit, and if there is an agreement between the parties to the dispute, it can be very well withdrawn for the benefit of both, however since you have included the matter in the plaint, it becomes your duty to delete the items through a petition seeking to amend the plaint.  That is a mere formality so that there should not be a dispute over that in the future.  Your lawyer is right that you can withdraw the rental amount lying with the rent controller.

I completely agree with Kalaiselvan. He said the same thing what I told.