rajvinder singh
20 January 2010 at 21:55
in an decree passed by cjjd defendant has been restrained from constructing the roof, projection on the property mentioned in the site plan.
now defendant has attached a pipe over the roof towards the street which is about 6 feet in length.will it amount to contempt of court
queryking
20 January 2010 at 21:50
when petition is dismissed by a revenue court, and the revenue court directs the plaintiff to appraoch the civil court, will it become a cause of action to file a suit for declaration? the suit is barred by limitation there is a delay about 20 years, but the plaintiiff is quotaing the revenue court direction and showing it as a cause of action, his revenue petition was time barred but it was not considred at the time of giving direction.
shivraj
20 January 2010 at 20:10
If the third party purchased the societies property in auction can member of society can challange the auction under sec.91 jurisdiction of co-operative court u/maharstra co-operative act 1960 to try this case?
Chetan
20 January 2010 at 20:03
In a case - my client had entered into an agreement of sale on 1981. (my clien was a purchaser)
-The earnest note was executed in the year 1981 & since then the property was in possession of my cliet.
- The seller did not execute the Sale Deed on time and therefore my client send a legal notice in 1985 but after receiving the notice the seller did not respond it...
-But till today the property is not mutated in the name of my client whereas during this period my client had rented it on time to time..
-In 2008 the Seller had died and his son in 2010 made an application for mutation of that property..
Question :- What shall i do
1) Whether I have to file a suit for Declaration, andPossession
2) To whom I have made party (to all the legal heirs or the son who made an application)
Pls provide ----urgently
Anonymous
20 January 2010 at 18:55
Are Two co-pliantiffs permitted to have their two different advocates in a single suit? The facts are that one of joint owners had filed the eviction petition under delhi rent control act against the tenant and other joint owner was made a performa respondent who later on transposed / impleaded as a co-plaintiff. Now whether these two plaintiffs can have two different advocate in the same suit? The imposed Plaintiff has adopted the same petition and has also submitted the affadavit for that. Releif claimed is same in the suit.Please answer this legal issue. if you are aware of any legal pronouncement in this regard please quote that also.
rajvinder singh
20 January 2010 at 18:07
a suit was filed by plaintiff for of permanent injunction restraining the defendant to construct the roof/projection and decree was passed in his favour.
the suit was against the father and his four sons.the father on appeared as defendant no.1 and others didnot appear before the court.now what happend the sons were not proceede exparte.the father was not the attorney of his sons.during the evidence of defendant the father died and the evidence of him was closed by order of court.then the decree was passed in favour of plaintiff.
now we want to challenge the decree can it be challenged or we should file application to corect the proceeding u/s 153
pls reply
manoj arunrao deshmukh
20 January 2010 at 17:18
in service matter how much is the time limit to impliment the court order. In my case High court has given some order but next party is not implimenting still so what is the time limit to them as high court has not given time limit in order.
Anonymous
20 January 2010 at 16:05
Respected R.R.Ksirhnaa,
I am giving the case in brief as hereunder for your opinion.
After obtaining a compromise decree dt. 21-02-1985 in a specific performance suit, instead of approaching civil court for registration of a sale deed, I directly approached the Mandal Revenue Officer for regularization of an alienation as per Section 5A of the Act (There is an Act called A.P. Rights in Land and Pattedar Pass Books Act,1971) Accordingly the MRO issued orders dt. 30-06-92 in my favour. As against the said orders, the land owner preferred a Revision before RDO, the appellate authority, which was dismissed on 25-09-93. Again the land owner preferred a Revision Petition before the Joint Collector (Revisional appellate authority) which was also dismissed on 04-12-2000. Again the land owner filed a writ petition before the High Court which was also dismissed on 16-02-1001. Again the matter was carried before Division Bench by a Writ Appeal, which was allowed on 07-02-2005 quashing all the orders passed below and stating an Agreement of Sale is not a proper document to entertain regularization u/s 5A of the Act. But the Division Bench has not considered that Rule 27(4) of the said Rules is also applicable. As per the above order I preferred an SLP before the Supreme court which is pending. Now I want to clarify that:-
1) Instead of approaching civil court, I approached Revisional Authorities, as there is a specific provision enacted by the State Government. It seems that I was not kept quite for all these days, without enforcing the above said decree dt. 21-01-1985. so whether I am in Limitation Period of 12 years or not.
2) In case if the Supreme Court confirms the orders of Division Bench, what I have to do. And how to get the lands
3) How the land owner can recover the said lands.
Hence as per the above information, shall I eligible to get it registration of a Sale Deed through court right now.
Anonymous
20 January 2010 at 16:01
one person has done a big fraud with us. he was the broker in one property deal.
He had sent me a registered notice on 5-11-2009 that we had undergone a sale deed agreement with him on 01-01-2008 of Rs. 51,00,000 . and he had paid us Rs. 40,00,000 in cash as advance on 01-08-2008 .
But the reality is that we haven’t undergone any agreement with anybody. That person had prepared some forged documents.
one thing i remember that once he had taken our signatures on a blank 100 rupee stamp paper for purpose of namantran of that particular property. he may have misused that stamp paper.
Some facts about that person
1- he does not have capital of its own
2- he had never filed the income tax return
3- he had worked as a salesman in my own shop
from reliable sources I got the information that he had done a partnership deed few days back in a back dated stamp paper to arrange capital on papers.
Can any body help me in this matter
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decree set aside
a suit was filed by plaintiff for of permanent injunction restraining the defendant to construct the roof/projection and decree was passed in his favour.
the suit was against the father and his four sons.the father on appeared as defendant no.1 and others didnot appear before the court.now what happend the sons were not proceede exparte.the father was not the attorney of his sons.during the evidence of defendant the father died and the evidence of him was closed by order of court.then the decree was passed in favour of plaintiff.
now we want to challenge the decree can it be challenged or we should file application to corect the proceeding u/s 153
pls repl