Anonymous
09 May 2021 at 17:52
Sir,
After get the Decree (in Febuary 2014) of shop tenant said vacate the shop in December 2014 tenant die in November 2014 and his judgement debtor legal heirs false objection in 47 CPC, then again 115 and continiousaly in other section of CPC decree execution delay i.e. 4 time chalange in District Court and we (Landlord) won all case after that all 4 Judgement challahnge in HC.and HC Dismiss writ. After 7 year decree execute vacate the shop after 7 year of decree.
Rent Agreement Rent is 300 Per Month in 1991
Rent Agreement mention
Tenancy start from 1st day of the month and end of the last day of month.
Rent as per Market Value (I dont have knowledge this is mention in rent agreement , because this written by my grandfather in 1991)
Rent Agreement not registered
Suit File : October 2006
Decree : December 2014.
Till december 2014 rent deposit in the court
from December 2014 to March 2021 not receive any rent.
Current Rent as per Market value is 3000 Per Month
During the period from december 2014 to March 2021 use this shop by his brother with the help of legal heirs of Original Tenant.
My Question is
1. We can take Rent Difference as per Market Value from October 2006 suit file date. As per Actual Market Value Calculation
or
2. we can take rent only December 2014 (Decree Date) to March 2021.i.e. Rs. 189000/-
3. Compensation After the Court decree December 2014 and during 7 years in March 2021 we have won the all 6 No. Case filed by the Judgement Debtor (4 No. in District Court & 2 No. in High Court) for Execution of the Court Decree. We take receover the Advocate Fee, other Expense for the legal battle of execution of decree. Approx. 3 Lac
4. Court fee Amount if required.
Pls confirm and send case for this case
Thanks You
Rajeev
amol
08 May 2021 at 12:08
Dear Expert
I need your help.
My query is regarding during amendment of plaint the situation as below:
The partition suit and temp injunction on Exh 5 is filed while filling the suit.
Defendant appeared in case. After hearing both parties Exh.5 temporary injunction order is passed now after
1 year and our case put for framing the issues, still honr. judge not framed issues.
Now we want to do amendment in our partition suit plaint that one para want to add and one prayer want to add at last page of prayer section. Also property number in PR card want to add in our existing first para of property description and one date is wrong due to typing mistake that we want to correct.
When we see for amendment that CPC O.6 R17 in which second para it is mentioned "provided that no application for amendment shall be allowed after trial has commenced"
My query is for the word "trial has commenced" :
Q.1: Did trial has commenced after temporary injunction order is passed?
Q.2: When the trail is commenced in our case temporary injunction order OR after honr. judge framed the issue OR after examination-in-chief?
Q.3: what is the meaning of trial commenced and what is the time that start trial has commenced?
Q.4: What are the points necessary to mention in amendment application so that honr. judge will allow or accept our amendment?
Thanks for your kind help and support.
koka venkatakumar
06 May 2021 at 12:04
My opponent ( corporate builder ) purchased 160 s.ft closed space in the cellar of my apartment with 5 s.yds undivided site for Rs.1,64,500/- in his wife’s name in Jan 2006. Sale deed registered. After that, Municipal corpn. removed the closeness of the room in abt 2 months thereafter. He filed suit in April 2006 for return of purchase money, 1 lakh alleged payment to me for making interiors (no evidence), 1 lakh damages, interest, Regn charges etc., No notice.. Out of order suit filed and prop attached.
HE HAS NOT SOUGHT CANCELLATION OF SALE DEED.
PLAINT IS TOTALLY DEFECTIVE.
Suit in toto decreed by lower court. 1st App. Court dismissed the suit as not maintainable mainly for not seeking cancellation of sale deed and also on other grounds like Sec 55 (1) a of TP act etc.
Property still in his name.
The plaintiff filed a second appeal in the High Court in 2015 and the High court, recently, while touching the judgment of the 1st Appellate court reg not seeking cancellation of sale deed only, set aside the two judgments of the lower courts and remanded the matter to the trial court directing the Plaintiff to file an amendment application and seek comprehensive relief. HC directed the lower court to consider the matter afresh giving opportunity to both the parties.
I need your valuable advice on the following.
1. Has H C got jurisdiction to suggest a party to seek comprehensive relief by filing an amendment application and remand the case to trial court.
2. Whether Ptf can now file amendment application for cancellation of sale deed paying addl. Court fee, for which Limitation expired in 2009. Has the lower court got discretion to allow even over looking LIMITATION. ( I read somewhere that it can be done ).
3. Is it correct for the HC to give opportunity to the looser to correct his mistakes and start afresh? In that case what is my fate?
Kindly spare a few minutes and guide me for which act of kindness I shall remain grateful.
Anonymous
06 May 2021 at 09:08
Late father who died intestate purchased several self acquired immovable properties in his name and mothers name. After his death one son now has filed a partition suit claiming them to be joint properties.
The sales deed along with mutation have been in mothers name ranging from 15 years ago to 30 years ago ie she has enjoyed possession of these properties with no restriction prescribed in the sales deed.
The same son has also fraudulently changed nominee in fixed deposits for which a separate criminal case under section 420 is in criminal courts. since nominee was fraudulently changed after the death of father, banks didn't settle on the basis of nomination and therefore mother has applied for a succession certificate. But in the frivolous partition suit the son has included all properties moveable and immovable in fathers name AND mothers name and also including fictitious amounts of black money .
Question:
1)Can plaintiff force partition of mothers property even though she is still alive and as per Sec 14 HSA she is absolute owner of her properties and there doesn't exist any restrictions in her sale deeds ( Section 14 (2) - doesn't apply )
2)Should mother file just a WS or should she also file an IA asking for dismissal of the frivolous partition suit.
3)Since money is urgently needed for survival, will the moveable items be settled via succession certificate or will we forever have to wait for a partition suit which will run into decades appeal appeal after appeal as plaintiff has deliberately includes these moveable items in a partition suit as he doesn't wish for the mother to see any money in her lifetime.
Anonymous
04 May 2021 at 15:45
THIS ORDER/Gazzette particularly passed for Nashik district.
There were one gazette passed by revenue and forest department of Maharashtra regarding removal of all lis pendence, can you please guide what is the exact gazzette was ?
Is this gazzette saying that lis pendence will not register in any suit property?
Anonymous
03 May 2021 at 17:18
I am looking plot in Nashik, that whole survey number having one litigation which is already disposed off by senior district civil court and so lis pendency already removed. Now against that order or decree defendant filled one appeal in divani court so i have following questions.
1) Appeal filled against main suit order so what are the chances that appeal will sustain particularly on order 1) already executed sale deed of plots wont be cancelled as purchasers already paid consideration for the same.
2) Can lis pendency again register in respect of Appeal.
Anonymous
29 April 2021 at 16:43
Sir,
My dad has 2 brothers and 2 sisters
One brother expired recently after dad gifted property to my brothers.
Dad gifted property to sons but not daughters
My dad gets pension but no home to stay no proper support from brother.
Can my father and mother can return propperty which is gifted.
One donee expired and one donee available
Sisir Kumar
29 April 2021 at 14:56
Hello Sir ,My Sister And I Have A Land Near To Each Other ,My Sister Constructed A House (10 Yaers Back ) With Out Any Setback To My Land Which Is Not Allowed As Per Munciplity Norms ,Now I Am Planning To Build A House She Is Forceing Me To Keep 3 Ft Distance From Her House , Her Family is Not Allowing Me To Construct The House Makeing Distrubance With My Labourer Every Day .As I Am Not Staying in Orissa For My Job Its Not Possible For Me To Stay In Construction Site for longer time (Bhubaneswar)
Land Is In My Name with all documents and i have a BDA approval for construction , What Action I Can Take Against Her So She Can Not Make Distrubance In My Construction Site .
GANGAM.RAJENDER.
27 April 2021 at 09:14
RESPECTED SIR,
THE ADOPTION DEED WAS CREATED ON WHITE PAPER IN THE YEAR 1951 . THE SAID DEED CONSISTS OF THREE ATTESTED WITNESSES , ADOPTIVE PARENTS SIGNATURES (BOTH FATHER AND MOTHER ) AND WRITER SIGNATURE IS ALSO PRESENT BUT NEITHER THE ADOPTED FATHER NOR ADOPTED MOTHER(i.e NATURAL PARENTS SIGNATURES ARE NOT IN THE SAID DEED) SIGNATURES ARE PRESENT IN THE SAID DEED.
Q1. WITHOUT THE SIGNATURES OF THE NATURAL PARENTS THE EXECUTION OF THE WHITE PAPER DEED IN THE YEAR 1951 IS VALID OR NOT? IF NOT HOW TO PROVE THIS BY EVIDENCE ACT PLS PROVIDE SECTIONS REGARDING EVIDENCE ACT AND VALID CONTRACT AGREEMENT SECTIONS.
THANK YOU SIR .
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