Second suit for partition

Querist : Anonymous (Querist) 21 January 2022 This query is : Resolved
Whether second suit for partition is maintainable?
When in first suit:
1)My share out of 85 kanal was 8 kanals
2)In first suit only 17 kanal was constructed out of 85 kanal at the time when I have filed the suit (2006-07)therefore civil court partitioned the 17 kanal and I got my 1 and half (approx) kanals partitioned in 2021.
3)Now today in 2021 out of that same property approx 50 kanals are constructed including that 17 kanal.
Can I get my rest of share i.e 6 and half Kanal out of 8 by way of filing new suit for partition from other constructed are i.e 50-17=33 kanals)
Or my case will be barred by estoppel or resjudicata?
What’s the best procedure to get rest of my share?

Follow Query

Report Abuse

P. Venu (Expert) 21 January 2022
What do you mean by "constructed"? Anyhow, no definite suggestion is not possible unless the decree in the first suit is perused.

Querist : Anonymous (Querist) 21 January 2022
Constructed means “Gair-Mumkin” in jamabandi of that time

kavksatyanarayana (Expert) 21 January 2022
No. Your query is still required clarity. And already the first suit decreed. so the decreed suit and pahani copy etc. have to be verified. so consult your own counsel.

Dr J C Vashista (Expert) 22 January 2022
Vague and incomplete information cannot lead to form proper opinion and oblige.
It would be better to consult another local prudent lawyer for appreciation of facts/ documents and professional advise, if you have lost faith in your lawyer.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries

Second suit for partition

Download LCI APP

Our Network Sites