Partition suit

basavaraj shiromani (Querist) 30 September 2021 This query is : Resolved
In a partition suit, the defendants who are in possession of the landed properties, intended to dragon the matter with an intention to enjoy the yield of the Landed properties. What action would be taken by the Plaintiff ? Can he appoint Court commissioner ?

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In a partition suit where defendants are delaying proceedings to benefit from property yield, plaintiffs have several options. If defendants possessed the land before the suit, a court commissioner cannot intervene directly. However, plaintiffs can request the court to expedite the case and amend the suit to claim mesne profits for their rightful share of income. If defendants took possession by force after the suit began, legal recourse includes applying to the District Magistrate or filing for possession restoration. Appointing a receiver via Order 40 Rule 1 CPC is also recommended to manage the property and collect rent during the proceedings.

Shubham Bhardwaj (Expert) 30 September 2021
Dear Sir,

What I could understand from your query is that a property is in possession of some persons (Defendants). A suit is filed for the partition of the said property. However, your query does not state whether the defendant came into possession by force or were they in possession from the beginning of the suit. I am assuming they were in possession from the beginning of the suit. I this case court commissioner will not be able to do anything. Court Commissioner is appointed only to report some factual aspects to the court which the court cannot otherwise see personally.
In this case plaintiff can only request the court to expedite the matter and nothing else for possession until the suit is disposed of. However, you can do one thing. Amend the suit to include claim for mesne profits (if not already done by your Advocate). When the property is finally partitioned, you may get share of income from property which was your part of the share.

However, if the defendant came into possession by force after the suit was filed , then you have 2 options (i) Application to District Magistrate under Section 145 Code of Criminal Procedure. OR you can file a suit under Specific Relief Act 1963 for restoration of possession.

Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh.

Disclaimer:- Opinion is only for guidance.

Dr J C Vashista (Expert) 01 October 2021
You should file an application ( better to amend the suit) for rendition of accounts and appointment of receiver.

Advocate Bhartesh goyal (Expert) 01 October 2021
You should file petition u/order 40 rule CPC for appointment of Receiver who after his appointment will collect rent take care of properties.

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