Suit of eviction and impact on hc case

Dear Manish,

When  the court gave a finding that you are not entitled to partition, it implies that you have no right over the said property.  In such a case, how can you file a suit for eviction without being a owner/landlord.  The finding given by the court which decided a partition will act as a bar in the subsequent suit to be filed for eviction.  So, your idea is not correct.

Anyhow, unless i go through the facts and findings of the partition suit, i cannot give an apt reply. 

During the pendency of a case in High Court you can not moved in lower court.

Dear All, Many thanks for you replies and help.

Hi Sridhar,

The joint property was in name of my mother (defendent) & Father's brother (petiiooner). He filed a case of partition and hence judge awaded the decree against the petitioner that he has no right to partition as he hasn't paid consideration money for sale proceeds.

Consequently I belive after decree that he does not have any rights or title in the said property.  So my question when this decree is awarded,  can we (my mother as defendent) can we file Suit of eviction in lower court for handing over possesion and will the findings again will affect HC appeal?  Else till pendency of appeal in HC and then may be SC, we need to wait for the same possesion and eviction suit whcih may take years.

Kindly advice and many thanks for your help.

Regards.

Manish

Dear Manish,

Your mother is entitled to file a suit for eviction.  Mere filing of appeal does not preclude your mother to file such type of suit, unless stay is granted by the appellate court.