Legal Question in Landlord & Tenant Law in India
Transfer of property by adverse possession
i have filed petition u/s 10 for eviction of tenant under AP rent control act.The court has passed eviction orders.3rd party filed claim petition to claim the property by declaration of title by adverse possession during the cource of trial the claim petition is dismissed by the rent controller. He filed CRP in high court and the same is dismissed.again he has filed the suit litigating between the same parties and same title in another lover court.can he file another suit ,is it resjudicata. whether rent controller has powers to decide the title
2 Answers from Attorneys
Re: Transfer of property by adverse possession
No.
Re: Transfer of property by adverse possession
a third party had no locus to intervene in rent proceedings between landlord and tenant. therefore, that petition was discussed primiarily for want of locus.
a title suit can be filed before civil court; the previous proceedings will not be res judicata. however, if there is a finding on merit, that evidence / finding can be used by you in your favour.
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