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Srinivas (Director)     29 May 2013

Can we seek relief of eviction in partition suit?

Hello LCI Gurus


In a suit for partition, during pendancy of suit, one of the co-owners took a deposit and entered into a lease with a tenant. Can we amend the suit for eviction of tenant? Can we sue for damages.

Actually during pendancy of suit the same co-owner who leased to tenant had raised illegal construction in contempt of a court order asking to maintain status quo. 

Please let me know if we can ask for rent to be depostied in court till suit is disposed. Can we seek demolition of illegal structures (which were done in contempt of court order).




 1 Replies

Shantilal Pandya ( Advocate)     29 May 2013

in both the eventualities the reply is affirmative since the process of the court is not allowed to be prejudiced by the act of parties. 

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