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Srinivas (Director)     20 June 2013

What relief can be sought in a partition suit?

Gurus

 

In a partiion suit, what reliefs can be asked?

 

In the specific case, suit for parition was filed. Subsequently one of the co-owners raised illegal construction and has leased the property. Interestingly illegal construction was raised where there was an interim injunction against the specific co-owner not to change natrue of property. Our advocate is saying there is no point in filing a contempt or chasing down perjury.

Questions:

1) Can we amend the plaint for eviction of the tenant?

2) Can we amend the plaint for demolition of the illegal construction

3) Can we seek damanges against one of the co-owners

4) Can we seek tenant to deposit rent to suit account

Please let me know what is a good course of action.

 

thanks,



Learning

 1 Replies

Advocate Rohit (Advocate)     25 June 2013

you need to file a complaint with the municipal authority for demolition of the illegal structure on the property. you may point this out before the court and proceed with the contempt proceedings against the said co-owner, also you may ask the court to order the deposit of the rent with the court till the final disposal of the suit. 

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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