Partition and eviction

Satya nand aggarwal (Querist) 29 April 2014 This query is : Resolved
There are 5 co-owners in a house property and one person T is a trespasser. My query is whether the suit for partition can be filed against the 4 co-owners as well as against T as a trespasser by evicting him and second query is whether separate suit should be filed against T for evicting him.

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Devajyoti Barman (Expert) 29 April 2014
For T separate suit for recovery of possession is to be filed. In the partition suit he must not be made a party as that would amount to improving his title.

Rajendra K Goyal (Expert) 29 April 2014
Separate suit for recovery need to be filed against T.

T. Kalaiselvan, Advocate (Expert) 30 April 2014
I agree with the views of Mr. Barman in this subject, nothing more to add.

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