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sridhar pasumarthy (ADVOCATE)     20 September 2014

Consolidation of suits

Dear Members,

Lessee filed a suit for injunction against the wife of lessor stating that wife herself has leased out the property to him(false plea). In fact, husband is the owner cum lessor and he was not made as a party to injunction suit.

Later, husband(lessor) filed a suit against the lessee for eviction and for recovery of arrears of rent, after issuing termination notice under section 106 of T.P.Act. wife is not a party to eviction suit.

Admittedly lease is oral.

Both the suits are in separate courts of junior civil judge at the same place.

can Injunction suit be sought for to be transferred to the court where Eviction suit lies or vice versa?

(pls take note that defendant (wife) in injunction suit is not a party to the eviction suit, which was filed by husband)

else what is the remedy?

Pls reply. 



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