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ASHIM KR RAY   13 November 2019 at 13:41

Is notice is mandatory to tenant for eviction.

Sir,

I want to evict my tenant as he doesnot want to increase the rent and is not signing my agreement.

I take the advice of local lawyers who told me to file eviction suits, without sending any legal notice to evict the property.

I want to know is this the right way to file the eviction suits.

Ayan   13 November 2019 at 12:28

Senior citizens :speedy trial

1)A Shop Was rented in 2006
2)In 2009 ,Landlord ask to vacate the shop.
3)Tenant file Title Suit and get an Injunction from court in 2009
4)The Case run till 2012
5)From 2013-2016 , both Tenant and Landlord did not appear court
(Landlord have several repeated surgery)
6)From 2017 & 2018 Landlord appear to court but no single hearing done
7)At 2019 the case case was transfer , but till not a single hearing done


Landlord is at the age of 80.His urinary system almost damaged.
He wear cathedra.Can not move.He is keen to recover his property.
He is not getting rent from 2007.

My question is can Landlord move for Speedy Trial/Expedited Trial.
In this situation will High Court allow Speedy Trial/Expedited Trial ?

I am relative of Landlord

Vikrant raj   12 November 2019 at 22:24

Land

Sir i have a land of about 100 acre in Jharkhand which is gair majurwa khas land. Can i sale this land in Jharkhand please clarify many people are saying we can't sale gair majurwa land. I have my updated receipt till 2019-20. We bought it we have a sale deed , mutation papers, we bought this land in 1970 .

Vikrant raj   12 November 2019 at 22:21

Land

Sir i have a land of about 100 acre in Jharkhand which is gair majurwa khas land. Can i get lpc i.e land possession certificate from circle officer. And after getting lpc can i sale this land?

Mansi Soni   11 November 2019 at 00:37

Pagdi flats demolishing by bmc

Firstly i would clear that, we had purchased a flat but dint do the legal on paper things on basis of trust, now from years the landlord says its under pagdi, so we follow that only, oir building is in very bad condition, and even the bmc had put a notice, no one stays in building, landlord is not ready for redevelopment and now bmc is going to demolish the building, so what about the tenants? Will we be given our property back? Or its gone now? Like if bmc interferes and soon makes a new property, shall we get that flat, or if not then still do we get our rights? Everyone had made their best hardwork to purchase a house, and now all are under trauma that whats next, please advise

Anonymous   09 November 2019 at 10:09

Ep restoration vs fresh ep application

Respected Sir,
I am decree holder with regard to possession of property. Lower court gave decree on 10 October 2015 in my favour for possession of property. Immediately I filed for EP for execution of decree. In the meantime JDR filed for Appeal in District Court and Appeal was allowed and EP was stayed for some time period based on petition of JDR requesting for stay of EP based on the reason that appeal is pending in the Appellant Court. Now Appeal Case is in dormant stage(i.e. not come come up before the Appellant Court bench, as lower court record is still awaited). After some time, EP stay was vacated, as petition for extension of EP Stay, was not filed by JDR on time. EP Court asked my lawyer to file for Execution Application as EP Stay was vacated. As I (DHR) did'nt respond by filing an Execution Application through my lawyer even after several chances(or adjournments) given by EP Court, EP was dismissed by EP Court on 28 October 2019.
Now what should be my next course of action. Should I file for restoration of EP or should I, at a later date file for fresh EP application since it will take a lot of time for the disposal of the Appeal Case in the Appellant Court.

JSA   08 November 2019 at 17:29

Refund of booking amount

Recently I had shortlisted a BMW car and the dealer's salesperson came home, negotiated a package including funding deal from BMW Financials (subject to their finance deptt clearance) and took a cheque for Rs.2 Lakhs as booking amount. No terms and conditions for booking amount were discussed or shared. Next day the cheque was deposited and the following day, I realised that one of the key essential feature that I required, was missing in the booked car and model. I sent an email immediately canceling the booking citing the lack of the feature with the request to refund the booking amount.

My question is that even though I canceled the booking within 2 days of making it (car loan was yet to be processed by BMW Finance), can the dealer refuse the refund citing any non-refundable policy?

Aluri Srilaxmi   08 November 2019 at 00:25

Retaining wall collapse due to heavy rains

Hi,
I am a flat owner in a gated community.
it's a new community.2 .5 years back we bought this flat.2 months back due to heavy rains our community retaining wall was collapsed.so whom we should involve for the reconstruction of the wall.the thing is builders not ready to reconstruct the wall.bcoz they saying that we already got NOC so now we are not part of this community.
So I need some legal advice.plz help me out

Anonymous   08 November 2019 at 00:02

Parties to the suit

me along with my brothers having undivided share executed development agreement in favour of builder/developer in 2014.
terms were:
that the developer will develop the land within 36 months
the developer if fails to handover possession of flats within 36 months he shall pay damages

default of developer:
the developer has neither developed the land nor has paid damages till today

note: the developer has amalgamated our land with the adjacent land owners, there is no deed of amalgamation signed by us with the developer or the adjecent owners (we had given permission in our development agreement to the developer to amalgamate lands if required for development, however the amalgamation has never been informed to us)

notice of termination has been sent and the developer has denied the termination

my questions:
1.what is the effect of amalgamation of land?
2. are we supposed to add the adjacent land owners (amalgamated land owners) as defendants in the suit along with the developer or there is no need?

Anonymous   06 November 2019 at 22:06

Possession certificate is not given by builder

I have purchased a flat in 2016.the registry was done on december 2016.from 2017 i am living in the flat....the builder till not giving possession certificate....electric meter has not been provided...he os claiming additional charges 40000 which was not in sale deed or agreement......what should i do now.....