Dear all,
A petitioner being co-owner of land filed a suit against co-owner of the same land restricting him from selling his share of composite or joint land to third party. Here second owner being defendant sold his share of land to another party at the market rate at that time under section 44 of Indian Property Act 1882. Then court stopped talathi and tehsildar temporarily from changing the name from second owner to third party on 7/12 index. Then defendant filed his reply that claim of plaintiff to restrict second owner from selling his share is void. Then again plaintiff filed corrected new suit asking court to cancel the agreement between second owner and third party and give share of second owner at old agreement rate which is far below current market rate because market rates of land are changing day by day. Now please tell me is it valid for the court to allow plaintiff to file another corrected new suit after our reply? If this is the fact, petitioner may file new suit every year and delay the case. Please advise.
