Suit for declaration by both landlord and tenant.

This query is : Resolved 

14 January 2020

My mother filled a case of eviction against an old tenant.
But in response he filled fake property papers. We have registered GPA with full chain whereas he has unregistered GPA.

After he filled fake papers, we withdraw eviction suit and filled 'suit for declaration'. Case is on evidence stage now.

Now today, we receive a petition that the tenant has filled case of declaration against us.

What to do ? Can both case clubbed ? Stayed ? Any other option ?

Sb Karma (Expert)
15 January 2020

ASAP consult with local lawyer,with all valid papers.He will assist you best

Raj Kumar Makkad (Expert)
15 January 2020

Tenant was required to file counter claim rather of filing the separate suit. You ae required to file an application under section 10 of CPC seeking stay on the trial of subsequent suit filed by tenant.

Dr J C Vashista (Expert)
17 January 2020

When you came to know that the tenant has filed suit on the strength of fake title documents, what action (legal) did you initiate, if it is a real story ?
What is the opinion and advise of your lawyer engaged / paid by you ? Proceed as guided as your lawyer is well aware about facts/ documents of the case(s), an able, competent and intelligent enough to satisfy your queries.

Zeeshan (Querist)
18 January 2020

Dr. Vashist
I filled a police complaint. But no action was taken.
In RTI ,they replied as case between parties already pending in court, it is a matter of court to decide who own property.

My lawyer says, we have to fight this case also.
(For obvious reasons.)

T. Kalaiselvan, Advocate (Expert)
24 January 2020

Police complaint on this will not be maintainable.
You may have to challenge their false and fabricated documents as per law and get their case dismissed on the basis of your substantial documents

Zeeshan (Querist)
25 January 2020

I'll try cpc 10 and 11

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