Le suit-small cause court in mumbai
Ramesh Tikamdas Bajaj
(Querist) 25 May 2012
This query is : Open
my brother has filed LE suit in small cause court, mumbai. against me and wife and 2 sons. We are living in the same house since 1958/ My children have been born in this house.
A partition suit is pending in the High Court, where this house is substantial part of partition suit. My brother claims the house to be his alone. The suit is pending and one of issues framed in High court is " whether this brother proves the house to be his?"
How can he file LE suit in such circumstances? How can small cause allow him to file such a suit?
My plea to stay LE suit (or dismiss it) has been rejected.
Pls guide as I am facing physical,mental and financial harrassment (in order to throw me out of the house) and even the police are not helping saying it is family matter.
The partition suit was filed in 1990 and is now awaiting trial, documents to be verified,etc.
LE suit was filed 2 years back.(claiming that he is owner, whereas title is yet to be proved in partition suit). The flat in question is in name of my late mother and she has left a will (not probated) and a nomination in favor of all 4 brothers as HUF
