Legal Question in Civil Litigation in India
Two plots namely 15 and 16 of 303sq yard owned by A in 1939, he sold 160 sq yard as a plot 15A-16A to B and rest 143 to X as plot 15B � 16B, and made a sale deed for both plots in favor of B and X.
In 1945, B sold it to make it 175 sq yard to C and in 1946 C makes it 185 sq yard and sold to D
.
I think my grand father D purchased a land as 15A -16A may be during his life time in the name of their minor grand sons namely ram pershad 10 years old, shyam pershad 6 years old and balram pershad 1year old as a title lala ram pershad and brothers in the year 1946, because in sale deed their is no mention of D as a purchaser and that sale deed also said that this land was sold to lala ram pershad and brothers and that the transaction of cash was also done between seller and purchaser in front of the registrar.
On the other hand Y my mother in 1957 purchased a land of 143 sq yard as 15 -16 in her name by X . In 1962 this area was converted into approved area and as per master plan of 1962 she got a plan sanctioned on 143 sq yard from MCD on plot no 16 only because plot no 15 was under road widening. She raised a house as per MCD plan.
In 1981 she died and also made a registered will in favor of my second elder brother of the said property, I am the third one and at that time was also residing in a portion of the said house.
Due to some dispute between brothers my second elder brother filed a suit in 1997 for eviction of the portion which was occupied by me, which I lost and a decree was passed in his favour and it still pending as a RFA in HC by me
Because I know the said house is built on two plots that is 15 � 16 and 15A -16A, I seek my 1/3 share in 15A � 16 A of 185 sq yard under meet and bound. As a proof of ownership I have sale deed of 1946 in the name of lala ram pershad and brothers, without any site plan
Can I file a suit under meet and bound or any other law? Please guide me; I will be very thankful to you.
thank again
2 Answers from Attorneys
Dear Sir,
As you're said matter case is pending in the respective Hon'ble High Court as Regular First Appeal ( RFA ) for eviction, and as you not mentioned the exact cause of nature in case connection, which is running in the Hon'ble High Court for an eviction, it shall be hard to speculate upon the same. Otherwise it also become resjudicata, or multiplicity of proceedings for single exact cause by putting another suit in the courts. Hence please reveal the facts exactly.
Thank you,
Kind Regards.
Sanjay K. Dixit, Advocate
# 320, Dixit House,
Dixit Street, K.B. Extension,
Davangere - 577 002.
Ph: 08192 - 258956.
Mobile: 9480471912
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