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Declaration suit and not to disturb peacfull posession

(Querist) 14 September 2015 This query is : Resolved 
Dear Sirs /Madams

1)I want to know if I can file a declaration suit of property via partition deed without asking for possession. As I am in talks with possessors for Redevelopment. ( avoid hefty court fee)

2)Can I file for declaration of property rights for 20,000 ft & not to disturb peaceful possession, for only 1000 sq ft as I was in possession of this land till 2014 and stay on construction claiming I am still in possession?

3) To file criminal tresspass case is Partition deed enough as I do not have 7/12 extract ( cancelled by Talathi with fraudulent order)

Thanking you in anticipation,
Pramod
Kapil Chandna (Expert) 15 September 2015
Sir,

Section 34 Specific relief act talks that you have to seek consequential relief along with declaration....

Show yourself in possession somehow and save your court fees ...

Warm Regards
Kapil Chandna Advocate
9899011450
Shantilal Pandya (Expert) 15 September 2015
Even when you are knowing that you are not in possession and the court finds that you were not in possession on the date of suit, in that case you will be debarred from claiming the omitted relief of possession under order 2 rule 2 of CPC and the suit may fail for want of consequential relief..
Rajendra K Goyal (Expert) 15 September 2015
Discuss with your lawyer and show him all the documents.
Pramod (Querist) 15 September 2015
Thankyou All experts.
T. Kalaiselvan, Advocate (Expert) 21 September 2015
I agree to the opinions of expert Mr. Shantilal Pandya. You may consult a local lawyer on further issues.


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