Consolidation of cases for common trial
ckanta
(Querist) 09 November 2015
This query is : Resolved
My father has one property allotted by L& D Office delhi under his name.He died intestate leaving behind My mother and his 3 sons and 1 daughter and each legal heir inherited 1/5 share each in the suit property . 2 sons(me and youngest son) and daughter relinquished their 1/5 share in the favour of mother by virtue of relinquished deed in year 1991 registerd with sub reg. and mutation in L&D O records were carried out in the name of My mother (4/5 share ) and eldest son (1/5 share ) jointly undivided.
Thereafter (mother) gifted out her entire 4/5 share in the favour of me(son ) by way of gift deed in year 2000 registered with sub reg and mutation in the name of Me (4/5) and the eldest brother (1/5) has been carried out in land records of L&DO.
Actual Possession of the property:
Me (3/5) and youngest brother C(2/5) share and living jointly in the said property.
Eldest son filed the suit for possession and partition of his 1/5 share on the basis of ownership derived from GD and mutation letter and claiming his 1/5 share from Me only.Suit is still pending.
Meanwhile Youngest son has made an application under order 10 rule 1 to make him as party and stating that he is residing in the property since 1973 and carry out the business in the said premises and having electricity meter and registration under sales tax with said address so he is claiming the ownership of the property by way of adverse possession and challenged gift deed and Rd in his defence.
Court framed additional issue in the case as under:
Whether Gift deed and RD has been executed and proved (OPD- ME (Def no 1) onus is on me(def no 1) and proceedings are pending.
However I has filed suit for vacation against My youngest brother in another district court on the basis of ownership derived from Gift deed and claimed him as a licencee in the property and terminating his licence by giving him notice in year 2012 and litigation is pending.
Youngest brother has again taken the same defence which he has taken in the suit filed by our eldest brother vs me & him that he is residing in the property since 1973 and claimed adversion possession of 2/5 share and also challenged Relinquished deed and Gift deed and said no such document has been executed.
Court has framed the below issue:
Whether Youngest bro(Def) has become owner in the abovesaid property by way of adverse posseesion as he is residing in the property since 1973.(OPD)
Now as in the first case I(def no 1 in first case ) was crossexamined By consel of def no 2 and I have also produced witness to the regd doc. i.e GD and RD and they were crossexamined by def no 2.
Now in suit filed by me against my brother where I am plaintiff I am again required to be cross examined and need to produce all the witness in my favour.
So my ques is whether I would be crossexmined again in separate suit for same nature of controversy or we can consolidate both the cases and cross examination done in first suit will serve the purpose . Shall I tell the court that I have already been cross examined and consolidate bothe the cases for common trial
Dr J C Vashista
(Expert) 09 November 2015
Too long a story and it is not a query.
Contact, consult and engage a local prudent lawyer for proper guidance, advise and proceeding.
R.K Nanda
(Expert) 09 November 2015
Query too long on free site.
Rajendra K Goyal
(Expert) 09 November 2015
Cross examination in separate case has to be done separately.
Full case file need to be referred, discuss with your lawyer.
K.S.Srinivas
(Expert) 12 November 2015
Consult your advocate.
