Recovery of possession
Rohini
(Querist) 08 December 2013
This query is : Resolved
dear sir,
The plaintiff win the suit for recovery of possession and declaration of tile in the high court. originally the plaintiff purchased the suit land from the defendant and his brother. But suit was filed against sole defendant, but not against his brother now the defendant is no more and suit land is in possession of brother of defendant,(who is not the party to the suit). Now how the plaintiff will recover the suit land and what procedure he has to follows, kindly reply sir.
ajay sethi
(Expert) 08 December 2013
if land was purchased from both the defendant and his brother both should have been made paty to the suit . brother was proper and necessary party to the suit . you can only execute decree as far as defendant share in property is concerned
file separate proceedings aginst brother to recover land in his possession .
Ilangovan.
(Expert) 09 December 2013
Before initiating any new proceedings find whether you have limitation to initiate new proceedings against the other brother, who is possession of the property now and who is also one of the party to the sale deed.
To calculate the period of limitation the details about the date of purchase of the property, when the original defendant passed away, when this particular person came into possession of the property and when you actually had knowledge about his possession of the property are material. You need to explain why you have not added this brother as party when you have originally filed the suit. On the safer side implead the heirs of deceased person in the new proceeding to avoid future complications.
Rajendra K Goyal
(Expert) 09 December 2013
Well advised by the experts, File the suit after calculating the limitation as advised.
T. Kalaiselvan, Advocate
(Expert) 10 December 2013
I agree with Mr. Ilangovan. While initiating a new suit, please implead the legal representatives of the deceased defendant also for a smooth sailing.
Rohini
(Querist) 12 December 2013
sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, please suggest me, with case laws.
thanking you sir.
Rohini
(Querist) 12 December 2013
sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, please suggest me, with case laws.
thanking you sir.
ajay sethi
(Expert) 12 December 2013
we dont provide case laws . do your own research
Rohini
(Querist) 12 December 2013
sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, please suggest me, with case laws.
thanking you sir.
Rohini
(Querist) 12 December 2013
sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, please suggest me, with case laws.
thanking you sir.
Rohini
(Querist) 12 December 2013
sir,
plaintiff filed a suit for declaration of title and recovery of possession against two defendants. The first defendant is the vendor of plaintiff, where the plaintiff purchased the suit land from defendant No.1. under registered sale deed.The defendant No.2. contested the case and filed written statement stating that he & his brother both have purchased the suit land from the defendant No.1. under one document, and in revenue records the name of defendant No.2. and his brother was got entered. after full fledged trial the suit was decreed. Now the defendant No.2 was died, and how the plaintiff will recovery the suit land and from whom, and one more thing is that the brother of defendant No.2. was not party to the suit, and how the suit land can be recover from the brother of defendant No.2. by plaintiff, please suggest me, with case laws.
thanking you sir.
