Physical possession claim in civil land petition
Guest
(Querist) 16 April 2015
This query is : Resolved
Sir,
My opponent (victor) filled a petition for final decree in (land partition civil case) district court. But concern land has given to third party for 10 years lease. May I get your advice for the following query.
1). Can I file a objection petition against FD? 2). Can I file a separate physical possession relief petition? 3). Can third party (taken lease) file a objection petition or get stay order from HC against FD?
Thanks advance.
Marimuthu
Jayaraj Poojari
(Expert) 16 April 2015
1. You can raise any objection before FD is passed.
2. Assuming you as one among the party to the partition suit, why do you require physical possession of the property when it had already been leased out to a third party?
3. It is a partition suit. Third party can neither implead nor get an injuntion. Land partition decree may not affect third party who had taken lease. The existing lease deed may be suitably amended to suit the outcome of Final Decree.
