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As I asked in before query the partition suit was between 1st and 2nd party later he included remain


28-Dec-2023 (In Civil Law)
As I asked in before query the partition suit was between 1st and 2nd party later he included remaining 7 party and I'm the 9th party if there is any option to vacate the os bcz petitioner is not a son of the land owner he is his brothers son he is just claiming using one family tree & he has filled the suit in March 19 & I have purchased it on may 19 it's a 3rd transaction I have purchased . Its rgstrd deed in 1967, 2nd in 1991. It's a agriculture land out of5 acre I have purchase 1 acre. The petitioner is asking 50 % share in 5 acre. From last fifty years there was no issues on this property after I made the agreement the petitioner filed the suit. After suit I have registered the property.in between Gap of agreement & deed registration he has filed the suit.
Answers (2)

Answer #1
857 votes
If the plaintiff is challenging all the three sales, then he might be hit by Limitation Act as well since the first sale was in 1967 and he is challenging it in 2019 (52 years). As a defendant, you can file an Interlocutory Application for Rejection of Plaint on the grounds that you have mentioned in addition to legal grounds. But you will have to defend your case in Court by presenting the grounds and documents to the Court. The gap between the filing of the case and your agreement can be highlighted but without seeing the documents, cannot conclude that it is a major ground.
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Answer #2
873 votes
in this situation you can find the quality and you have to construct the matter and you have to prove who is the landowner current decide the shares of the petitioners and respondents previous who is having the real owner death entire record you need to get certified copies in the partition
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