Ejectment of my younger brother from my property

Querist : Anonymous (Querist) 11 July 2024 This query is : Resolved
Sir, in the year 2023 we ( 3 bothers, myself eldest and youngest lives in other city due to job, my younger brother and his family lives on the property however we go to home time to time and have their room for staying let us say joint enjoyment of property and is still in the same way) got declared our shares in the property of our late father who died without a will in 2013 through lokadalat vide a compromise deed in the form of family settelment where it was mentioned that parties are agree for their respective share and are in possession of their shares. But as my younger brother was occupying some part of my share from the beginning he told me that after 6 months he will vacate my portion as during this time he will make a house for him and his family so i as a guster and goodwill allow him to continue for 6 months now it is going to over 1 year, he always make this and that excuse when I ask to vacate my portion his intention seems to be not good. Please suggest what legal option is available for me to eject him and his family from the portion of my share and get exclusive possession on my whole share as awarded by lokadalt to me.

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kavksatyanarayana (Expert) 11 July 2024
You once again try amicably, otherwise, file an eviction suit against him.

T. Kalaiselvan, Advocate (Expert) 11 July 2024
You can file a suit for ejectment against him to eject him from your share of property on the basis of lok adalat family settlement.

Querist : Anonymous (Querist) 12 July 2024
Tnx for you're valuable advice please note that a) - he is my real brother and i have no rent agreement with him and suppose if I ask him to do so he will not be ready.
b) - I don,t have also any thing in writing for the fact that he requested me to allow him to continue stay for 6 months more it was verbal as he was occupying that portion from beginning and used by his family
c) - he also took electricity connection in his name after father demise which was earlier in father,s name.
Considering above points please advice which should I file ejectment with recovery of possession OR eviction with recovery of possession further can I demand for mesne profit also.

Querist : Anonymous (Querist) 12 July 2024
In point c) - please note that in nagarpalika revenue records we have endorsed our names for our respective shares and paying house tax and water tax seperately for respective share of ours.

Advocate Bhartesh goyal (Expert) 12 July 2024
Since your portion ( premises ) is being used by your younger brother with your permission without paying any rent so he is not your tenant but a licensee . First you issue notice and terminate license and demand vacant possession of premises, if your brother does not comply with notice then file suit for possession against him .you can also claim mesne profits.

Querist : Anonymous (Querist) 13 July 2024
Goyal sir,
I don,t have any thing in writing for the fact that he requested me to allow him to continue stay for 6 months more it was verbal as he was occupying that portion from beginning and used by his family. he also took electricity connection in his name after father demise which was earlier in father,s name.your views.

P. Venu (Expert) 23 July 2024
Based on the Award of the Adalat you can file an execution petition.

Querist : Anonymous (Querist) 25 July 2024
Many tnx to learned advocates, but still it is not cleared to me how to proceed to get exclusive possession on my share as awarded by
lok adalat, the following may be noted
1- he and his family occupying that portion from my father's time and continuing
2- he has taken electricity connection in his name after father demise
3- he is my real brother living with my verbal permission and not as tenant
What I feel first I send legal notice for vacating my portion if not agree then
A) can i file a suit for mandatory injuction for removing him and his family with all his belongings and handover peaceful vacate physical possession
OR
Suit for recovery of possession
OR
Suit for eviction and possession
Please your views

Querist : Anonymous (Querist) 25 July 2024
Kindly let me your views over the mentioned issue

T. Kalaiselvan, Advocate (Expert) 25 July 2024
As it was a compromise decree through lok adalat, it becomes final, hence next step to be taken from your side shall be to file an execution petition to execute the decree for recovering possession of your property through due process of law.
Once the EP is allowed then you can get him evicted through court ameen, if necessary with the police help.

Querist : Anonymous (Querist) 26 July 2024
Tnx Kalaiselvan Sir, but since as per my younger brother request and respecting family wish I allowed my younger brother to continue use and occupy my portion of share for six months but now I observed his attitude is not good and he might be not ready to vacate after expiring of six months
What is the limitation period within which I should file execution petition . if this time elapsed what else can be done in order to eject my younger brother and recover possession.

T. Kalaiselvan, Advocate (Expert) 27 July 2024
This is called as permissive possession.
Permissive possession does not amount to dispossession : A true owner is neither dispossessed nor does he discontinued his possession, if a third person takes possession with his permission.
You can very well initiate civil suit against him to eject him from the property by filing a suit for ejectment and also for permanent injunction to restrain him from interfering in your possession and enjoyment of this property.
You can also demand him to pay rent till such time he vacates or he staying in that property

Querist : Anonymous (Querist) 28 July 2024
Respected learned advocates, tnx kalaiselvan sir, for prompt response, it will be highly appreciable if may I know some more views on my subject issue from other learned advocates also. Awaiting for your valuable response.

T. Kalaiselvan, Advocate (Expert) 29 July 2024
You have been sufficiently advised on the subject matter in spite of yo repeating the same questions in different forms.

P. Venu (Expert) 29 July 2024
Our suggestions have been conclusive, in the given facts. Law and its procedure does not permit multiplicity of litigation on the same cause of action. The principle of res judicata is well established and binding on all the courts as well the litigants.

The dispute among the siblings have been concluded with the Award of the Adalat. All that is left to get it executed, if need be.