Redemption suit property
narindersagar
(Querist) 31 October 2014
This query is : Resolved
sir,my father was totally illiterate(angutha chaap) property was mortgage with possession by my father for 35000/- in year of 1971 which was mortgage registered this is usufructry as mortgage property was attached money decree passed property put on auction mortgagee purchased the property by permission of the court himself for 82000/- all the orders passed the court without notice after that compromise was done in court in which mortgager have to give the possession the keys of demised property after getting the possession by the mortgagee 35000/ will be paid to the mortgager the confirmation of sale was confirmerd by the court on the basis of compromised lateron the comrpromised was back out warrant of possession was issued in execution all legal objection is dissmissed upto supermecourt without merrits only on long littigation of 35 year hitory and money decree converted in to mortgage decree in execution we tendred decreetal amount as per transfer of property act 60 with jugements of supermecourt of india on this act 1 air 1997 superme court 456 tited parichan mistry v/s acchibar mistry and air1963 sc 1041 prithi nath singh v/s suraj ahir but execution was under pressure of apex court orders no where said about redemption matter and executing said the mortgage is extinguished by money decree and compromise in tpt act compromised should be registered instrument as per law and decree should debar the mortgager but nothing such thing has happened the possession of property has taken by the mortgagee the suit redemtion is pending in court was filed in limitation of 30 years is that suit will be effected by the judgement of sc (I am on road lost house as well rozi roti i am seniour citizen lost every thing for money only and tell me extungishment of redemtion is right is extinguished or not
Anirudh
(Expert) 01 November 2014
Dear Mr. Narinder,
I find that you raised the same query in the following threads.
http://www.lawyersclubindia.com/experts/Redemption-suit-property--504966.asp#.VFRZ5Gdw6fs -
http://www.lawyersclubindia.com/experts/Redemption-suit-property--504961.asp#.VFRZ_Gdw6fs
http://www.lawyersclubindia.com/experts/Redemption-suit-property--504981.asp#.VFRZz2dw6fs
In the first thread it had been replied "repeated query"
In the second thread it had been replied "third repetition"
In the current and the thread thread it has been replied "4 times repetition".
I find that virtually, your query was not addressed even once!
Be that as it may, coming to your query, I have to say the following:.
1. I find from what you have narrated, ultimately the decree had been passed whereby the mortgagor had to hand over the possession of the property to the mortgagee, and the mortgagee had to pay Rs. 35000/- to the mortgaor, on getting possession of the property.
2. All the objections by the Mortgagor (or his LRs) had been rejected up to the Supreme Court.
3. Therefore, whence the case has been squarely lost upto the Supreme Court level, I do not find what is still left for you to harp on the issue?
4. The decision of the Supreme Court in prithi nath singh v/s suraj ahir does not have any application to your issue at all.
5. Have you filed any case in this regard anywhere, and whether any such case relating to this mortgaged property is still pending?
6. Before the Court of law, when law points are applied to the facts of the case, whether one is on the road, lost house as well rozi roti, or whether one is a senior citizen etc., will not be of any help or use.
Please indicate your answer to point 5 above.
Rajendra K Goyal
(Expert) 01 November 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Redemption-suit-property--504966.asp#.VFRZ5Gdw6fs -
http://www.lawyersclubindia.com/experts/Redemption-suit-property--504961.asp#.VFRZ_Gdw6fs
Anirudh
(Expert) 01 November 2014
It is nice to point out that the queries are repeated.
BUT THE FACT REMAINS THAT NOT EVEN ONCE THE QUERY HAD BEEN REPLIED/ANSWERED BEFORE saying that the query is repeated.
ajay sethi
(Expert) 01 November 2014
answer queries raised by MR anirudh
Anirudh
(Expert) 01 November 2014
Dear Mr. Malipeddi Jaggarao,
Please note that not even once the query has been answered before stating that "repeated query".
Just because either by design or by mistake a query stands repeated (even at times due to technical fault) does that mean that the querist will go unanswered even once? Not answering a query is one thing; but refusing to answer a query by stating "repeated query" when no answer was ever given to his query is quite another.
I think you will appreciate.
Guest
(Expert) 01 November 2014
Repeated Queries No Replies Is the Stand Of Experts Still who wishes to Reply Could Do that with out Interfering Or Commenting or CRITICISING or even Insulting on Other Experts.No Body Stands in Any Body's Way.Avoid Trespassing,( This Reply is Not To Anonymous the Un Known)
malipeddi jaggarao
(Expert) 01 November 2014
@Expert Shri Anirudh - It is not my intention that no expert should reply a repeated query. It is my stand as I observed many authors repeatedly post the same queries even though they are answered by senior experts, probably with a thinking that they may get better answers, some people post it to test the expert's stand second time. To avoid this type of controversies many a time I decide to skip such queries and also save my limited time. It is my stand. If others wish to reply, they are most welcome.
Anirudh
(Expert) 01 November 2014
Either the fellow does not understand English or pretends that he has not understood.
Nobody is compelling anybody to give an answer - unlike somebody compulsorily attending to all queries even without knowing anything about the same.
What is being objected to is tagging every query as "repeated query" without bothering to know whether at least in one thread any answer has been given to that query! THIS IS CERTAINLY MEANT TO THE ONE KNOWN ALL OVER THE WORLD - (DO NOT ASK ME KNOWN FOR WHAT?)
Anirudh
(Expert) 01 November 2014
Dear Mr. Malipeddi,
I understand what you say about the repeated queries. Yes, nobody want anybody to answer repeated queries. But, you will equally appreciate that the queries in all the threads ((in this instant matter 3 threads) cannot be said to be repeated. AT LEAST ONE QUERY WILL STAND - to be answered. Whether one answers it or not is another matter. But all the threads cannot be dismissed as 'repeated query'. That is the simple and straight point that I am making.
Those who want to answer may or may not answer according to their wish, goes without saying.
Guest
(Expert) 01 November 2014
Repeated is Repeated.Anonymous is Anonymous.Anonymous who Doesn't want to Disclose his/her Identity,Who is He/She,What is He/She.From Where is He/She etc but Only Capable of Insulting and Criticising others and assume them self Supremo.I know how would they React basing on their Past Reactions.Better to Ignore Un Known Anonymous.
malipeddi jaggarao
(Expert) 01 November 2014
@Mr.Anirudh - "Either the fellow does not understand English or pretends that he has not understood" - Who do you mean?
I never entertain any controversies, as far as I am concerned. But a comment from an eminent expert like you "This is certainly meant to the one known all over the word - (Do not ask me known for what?)" can be easily understood by all experts.
The outsiders can make such comments as they do not know how much efforts we are making to assist the needy persons. I believe certainly our efforts are not for earning few more points - In which way it will help us - Perhaps it may help increasing number of clientele to the practising experts, but for persons like me this can not be attributed - I am a non-practising law graduate - with whatever experience I gained academically or practically I wish to share it with others by stalling them to rush to legal remedy when there is no point. Hope you can understand. But I stand on my opinion - repeated queries need not be answered by me - you could find out one thread where perhaps no expert could throw the light in his previous threads on same matter. I go by the majority. IN majority of repeated queries this has not certainly happened. Hope you will understand.
Anirudh
(Expert) 01 November 2014
Mr. Malipeddi,
Whenever I have to address you, I have directly addressed you. Therefore, be rest assured that the first sentence in your latest post quoted by you is certainly not meant for you.
Regarding the last three sentences in your second paragraph, I wish to state that you not addressing my point at all, rather you are diverting the issue.
LET me make it very clear, I have never commented ever regarding the tagging of "repeated query" by any expert ever.
But in this thread the peculiarity is that, even though the query appears in three different threads, the fact remains, nobody has answered in any of the thread. NOBODY CAN BE COMPELLED TO ANSWER.
Going by the majority, if nobody should attend to the 'repeated query' what will happen in this case. The query will go unanswered as some expert has tagged all the threads as "repeated query".
That was the simple point that I was making, which you will find in my first post.
When I found that virtually, when the query was not addressed even once, I had answered / attended to the query.
But in spite of that, if somebody has to again says that "It is repeated query" I AM SORRY, I am an odd man out here.
Guest
(Expert) 01 November 2014
Better to Avoid Anonymous. Query is Repeated .
Anirudh
(Expert) 01 November 2014
NOBODY NEEDS THE ATTENTION OF ANYBODY MUCH LESS FROM THIS FELLOW. IN SPITE OF REPEATEDLY SAYING "IGNORE" NOT ABLE TO DO SO HIMSELF. IF WORTH THE SALT, HE SHOULD TRULY IGNORE. SURELY, I WONT BOTHER. IF SOMEBODY CALLS THE KIDNEY AS HIS HEART AND THINKS HE IS SMART, LET HIM LIVE IN HIS WORLD, I AM LAUGHING HERE WITH A LOUD FART.
Guest
(Expert) 01 November 2014
Anonymous the UN known always think they are capable of any thing and simply Insult others.One thing they had confirmed their Retardedness by Laughing them selves.I am Still afraid of stating the facts because I am afraid whether it is a Female.
Anirudh
(Expert) 01 November 2014
This bugger does not even know what the word "Retardedness" means. The laughing by me is fully knowing why one laughs and at whom and for what one laughs! YES, First failure to the much professed word "Better to Avoid Anonymous", but seldom put in practice.
Guest
(Expert) 01 November 2014
What Else We could Expect From Anonymous cum Retarded
Anirudh
(Expert) 01 November 2014
Don't lower your expectations. Ask for. You will get it in full measure!
Guest
(Expert) 01 November 2014
The True Colors of Anonymous Exposed Cautioning Other Experts to be Proteceed From Anonymous.Mission Completed.
Anirudh
(Expert) 01 November 2014
Sounds as though a Big Mars Mission has been completed by the bugger!! What a self-delusion - thousand pities!!! First try to take care of yourself, cautioning other Experts will come later.
malipeddi jaggarao
(Expert) 02 November 2014
@Expert Mr.Anirudh - thanks for your clarification. However, let us stop this thread. The author got the good guidance from you. The purpose is served. Let us forget and go ahead with our mission of helping needy.
Anirudh
(Expert) 02 November 2014
Dear Mr. Malipeddi,
I agree with you.
Whether the thread should stop here or not is not being decided by me. But I never give up or shy away from taking heads on and no holds barred, any one who attacks me, other than on the contents/ correctness/soundness/legality of my views.
But what I feel very sorry is that many Experts stay on the side lines and watch the wrong being done, without stepping in at that moment. Their timely intervention, would definitely serve well. But unfotunately, I find people take sides without any logic.
Even as of now, when you say that the querist has been served, leaves the very question raised by me open without an answer. I do not for whatever good reason, why it is not being clearly answered whether declaring all the threads as Repeated, without attending to the query in any one of the threads is acceptable.
It is this lack of clarity and readiness to take a timely clear stand on issues that does disservice.
Regards.
narindersagar
(Querist) 03 November 2014
sir 1. appeal of suit for redemption is pending in the court of Additional session judge against the order of junior division judge in which he ordered the the possession has taken by mortgagee so that suit becomes infructuous before the same court dismissed the application of mortgagee in which mortgagee demands for dismissal of suit but court said suit will be decided on the merits suit was filed with in limitations 30 years before the orders of Sc 2014 in the of 2002 in transfer of property act this is usufructry mortgage
narindersagar
(Querist) 03 November 2014
sir the answer of 5 appeal of suit for redemption is pending in the court of Additional session judge against the order of junior division judge in which he ordered the the possession has taken by mortgagee so that suit becomes infructuous before the same court dismissed the application of mortgagee in which mortgagee demands for dismissal of suit but court said suit will be decided on the merits suit was filed with in limitations 30 years before the orders of Sc 2014 in the of 2002 in transfer of property act this is usufructry mortgage
narindersagar
(Querist) 03 November 2014
ANIRUDH sir the answer of 5 appeal of suit for redemption is pending in the court of Additional session judge against the order of junior division judge in which he ordered the the possession has taken by mortgagee so that suit becomes infructuous before the same court dismissed the application of mortgagee in which mortgagee demands for dismissal of suit but court said suit will be decided on the merits suit was filed with in limitations 30 years before the orders of Sc 2014 in the of 2002 in transfer of property act this is usufructry mortgage
narindersagar
(Querist) 03 November 2014
ANIRUDH sir the answer of 5 appeal of suit for redemption is pending in the court of Additional session judge against the order of junior division judge in which he ordered the the possession has taken by mortgagee so that suit becomes infructuous before the same court dismissed the application of mortgagee in which mortgagee demands for dismissal of suit but court said suit will be decided on the merits suit was filed with in limitations 30 years before the orders of Sc 2014 in the of 2002 in transfer of property act this is usufructry mortgage
narindersagar
(Querist) 03 November 2014
https://encrypted-tbn3.gstatic.com/images?q=tbn:ANd9GcTaRwWAHcCkbMXsr7n8tP9tRlzOaBOV_jBvoIwB5pGcwcw5S8DDfA
T. Kalaiselvan, Advocate
(Expert) 04 November 2014
I stand by the opinion of expert Mr. Anirudh to his reply to the author on the subject issue. Subsequently the author has clarified that the suit for possession is pending in the appellate court, so wait for the outcome of the appeal. Also the orders of the supreme court is to be seen to render more opinion.
Sudhir Kumar, Advocate
(Expert) 06 November 2014
repeated
http://www.lawyersclubindia.com/experts/transfer-of-property-act-505101.asp
Sudhir Kumar, Advocate
(Expert) 06 November 2014
repeated
http://www.lawyersclubindia.com/experts/redemption-suit-property--504966.asp#.VFrn7WeO5G0
Sudhir Kumar, Advocate
(Expert) 06 November 2014
repeated
http://www.lawyersclubindia.com/experts/redemption-suit-property--504961.asp
Guest
(Expert) 03 January 2015
Repeated is Confirmed Well
