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Suit for partition & declaration

(Querist) 18 January 2012 This query is : Resolved 
The attachment is a suit for partition of a Gair Mumkin land. The plaintiff is co-sharer but not in possession at present. The motive is possession through partition.

Briefly the case is: 30 years back three persons jointly owned a land, divided it into plots after carving out streets. Plaintiff purchased his plot at that time. In earlier sale deeds shares were sold with unclear dimensions. In the course of time, these plots were sold time and again. The property remained Mushtarka Khata i.e. joint. Now, some influential persons, in connivance with each other, have altered dimensions of their plots & passages entirely. The weaker ones have lost their possessions. There have been no constructions still and it is in form of plots.

Plz. Opine if the interim injunction against co-sharers could be obtained restraining them from alienating the land, raising any constructions or altering the passages until the partition.

Declaration has also been sought against the co-sharer who actually dispossessed the plaintiff to the effect that his sale deed is invalid. Plaintiff side is silent at present about his being out of possession. A suit may be instituted with this purpose sometimes later, with some suitable explanation, if required.
Devajyoti Barman (Expert) 18 January 2012
Yes do file suit for declaration and injunction against encroachment of common area for ingress and egress.
Guest (Expert) 18 January 2012

There is no bar to file a suit for partition and obtaining the injunction against the co-sharer. but mere filing of suit itself create lis upon the property.
Nadeem Qureshi (Expert) 18 January 2012
I agree with experts
Raj Kumar Makkad (Expert) 18 January 2012
I have also similar opinion.
Deepak Nair (Expert) 18 January 2012
I too agree with the views of experts.


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