Hanmant Baburao Shinde 29 October 2017

Suit relating to land

My uncle won case against me for partition in 1999 possession was taken in 2002 after he have filed suit in 2002 for mesne proafit. Suit pending in jr div. In 2005 we filed suit for portion of same land which cannot be given to him as it was self aquired property of my father. We pleaded that decree was obtained by playing fraud on court. Documents to prove that are with us. Now my dought is can that suit filed for compansation / profits relating same land by uncle stayed or dismissed on ground that suit for same land is pending in jr div court.?

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4 Replies

Hanmant Baburao Shinde 29 October 2017

I m student of llb and owner of that land

Siddharth Srivastava (Advocate) 29 October 2017

Get both the suit clubbed together as both relief are inter connected. you are also the owner of the land which self acquired property of your father hence your uncle has no right over such property. If the court decide in your favour then the question of meanest profit etc. does not arise.