Legal Question in Civil Litigation in

plantiff brought a cse of partioned statting that defendenats are in excessive posseeion. Defendedent sold the propety in the their possession before two days the partion suit is brrought. On the statement of defendant buyer also impleaded. After one one month partion suit same plantiff brought suit for recovery possession section 6 stataing that the entire posseesion was witth them and they have been dispossed by the bueyer. My question is why they brouight suit for partion if the entire possession was with them.during cross examination it was admit by the plantiff that plantiff and defendant raised constrution with their seperate funds and they are paying house tax seperately,seperate electric connection seperate water connection seperate main gate seprate kitchen, even plantiff and defedant are geting rent for their portion to the exclusion of all others while plantiff in thier plaint(written statement) saying property and construction is joint and property has not been partioned. in cross examination of plantiff it came out that each plntiff and defendant raised their sperate construction with their seperate funds to the exclusion of all other, each plantiff and defendats are getting rent for thier occupied portion to the exclusion of all others, plantiff and defendatns paying house tax seperately, even house Nos are also seprate like 39,a 39b,&39c. Entry of all houses are seperte, plantiif have five storey builing in their portion with their funds. Is it possible withut the consent of defendant how plantiff can raise permanent structure. defendat stant is that property has been partioned.and plantiff concealed one property in partioned suit which came during cross examination of plantiff. Mooreover plantiff have not impleaded all the necessary party like they have not included theior two brothers and three sisters in partioned suit. After seven years same plantiff brought a suit for mense profit against the buyer. partioned suit is at the stage of final argument. here I am buyer of the suit property no 39. This property has seperate mutation seperate water and seprate electric connection and seperate construction seperate main gate, from whom i purchased this property he was collecting the rent of this portion to the exclusion of all other this has been proved in the court in partion suit. plantiff have filed these three case 1.partion suit and suit for recovery of posseesion and mense profit as the One builder with the help of plantiff want to buy my portion by harashing me. I want to know whether partion suit is maintainalbe when concealment of property in partion suit and not impleading all necesssary party. Is suit for possession is maintanalbe since the dendeant from whom I purhased the house was in possession and was collecting the rent from the tenant to the exclusion of all ohters. Is it possile defendant from whom I purchaed the house were paying lectricity bill and water bill and house tax for the last 30 years . Can plantiif say that I was in possession of the defendant portion. Even plantiff has filed the site plant in partion suit showing defendant in possession in red portion on the contaraty in suit for recovery posseesion plantiff claiming that we were in possession of the red portion. Even in the cross examination it was admitted by the plantiff that their chilren have further partioned their portion like 39a 39b 39c main poorety was 39. plantiff are saying in their partion suit that all these property 39, 39a 39b 39c are joint property 39 was purchased by me. It has been admitted by plantiff in cross examination that they were paying seprate house tax and seperate numbers were alloted from mcd on the request of plantiff father. property no. 39,a 39b,39c are five story if partion was not there then how the five story building on a joint land .under thse circumstances whenther partioned is liable to dismiss. similarly suit for recov ery of possession and mense profit case also

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