Is it necessary to file a suit for declaration of title and permanent injunction having received a decree in a partition suit?
Background is as follows,
Mr. X filed a suit for partition against co-sharers of the Joint family property. The fact is all the co sharers had sold their property by then, therefore it was not contended by them. Mr.X got ex-parte preliminary decree. Later got the land partitioned through an Advocate Commissioner and the Hon'ble court passed final decree.
Based on above final decree, Mr.X. filed a suit for declaration of title and permanent injunction against few individuals (10 plot owners) while the joint family is currently owned by 200+ plot owners.
My question to the respected members of this forum is...., why is Mr.X filing suit for declaration of title, when his title was already adjudged by the trail court in partition suit. In other words, I mean he should have just filed for permanent injunction against these 10 plot owners based on final decree in the partition suit....in stead of once again filing for declaration of title.
Is there any possible fraudulent intent behind his move to file for declaration of title, if yes, could you please explain it from the legal stand point.
Thanking you,
Best regards,
HariprasadGV
