Sayan Poddar
12 October 2018 at 17:38
Land lord ask to vacate premise.Tenant file title suit.Get injunction.
Case is pending for 10 years.Tenant neither paying rent to land lord
nor in the court (rent control) .In the court two ground already proved.
1)Reasonable requirement.
2)Will full defaulter.
We have file counter claim for eviction 6 month ago (still pending for hearing).
My question is , we have to file separate eviction case or this suit
will evict tenant.We need this premise for own use.
Debojit mohanta
12 October 2018 at 15:48
I meet an accident where my bike was in an parking position in parking area, suddenly an alto hit the bike from back side and rush it to near 25mtr distance. After that police came and took both the vehicle in police station. Then I lodge an FIR. They took my papers with driving licence and handed me a seizure list. I move to court and got release order except my Driving licence. How can I get back my driving licence???
Anonymous
12 October 2018 at 13:12
I own a flat in Chennai, Tamilnadu.
Recently the housing society charged a penalty of Rs.500 for keeping potted plants in 1.5 feet window sill area outside of my bedroom window. They took away the potted plants and kept in their custody. The manager sighted a society bylaw claiming window sill as a common area where the owner cannot keep anything.
I disputed the bylaw as nowhere it was mentioned window sill/ledge as a common area and requested to remove the penalty charged over email. I gave reference links of few cases where a housing society cannot charge penalty for things like keeping potted plants in window sill. The manager ignored it and refused to reverse the penalty.
later i kept two pots on the edge of window, again they were taken away and another Rs.500 penalty has been charged to me. Its been two months and both penalties are appearing in my commonfloor group app account which is used by society to issue maintenance invoices and drawing interest.
What is the law says and what are the next steps i should take as a flat owner?
subramaniam muralimohan
12 October 2018 at 12:03
Dear Sir, Namasthe
X, Y grandmother and grandfather died. A, B sons of X,Y and C,D daughters of X,Y also died. Now son and daughter of A, B, C, D can apply for legal heir certificate for X,Y. How to get legal heirs certificate for X,Y.
Please advise me Sir.
venkatasrinath
11 October 2018 at 17:11
I am defendant in my civil case in lower court for declaring a registered deed as null and void under un due influence, issues framed but I filed IA under O7r11b stating in correct court fee. but lower court judge said under sec 34 of specific relief act any suit with out consequential relief claimed a bare declaration is not allowed and also plaintiff not taken effort to rectify the error, so plaint rejected. Is this an Jurisdictional error and valid reason for civil revision petition in HC
should plaintiff must have gone for Appeal and not civil revision,
when appeal is possible in such cases can civil revision can be rejected saying plaintiff must have gone for Appeal only
Thanks
Dr Satish
11 October 2018 at 10:49
Hello Sir
I have completed my Service in State Government Aided college as a Lab Assistant from 1998, i completed 17 years of full service up to 31st August 2015 and taken without pay leave for 3 years, ie up to 31.8.2018, in leave period got job in company, so i have informed to previous employer that, i am not joining duty, please consider my resignation and disburse my GPF, Graduty and Submit Pension proposal to government as i completed 19 years, 11 months and 22 years of service including leave without pay.
At the time of Joining in 1998, i am graduate and appointed as a lab assistant, during service period, i have completed Ph.D (Doctorate) in July 2016. As per my educational qualification, i am not suit for post of lab assistant, so i have decided to work in a company.
Can any body share any High court or supreme court decision, that is relevant to my case to file case in court.
Anonymous
10 October 2018 at 19:30
In a civil case in lower court for declaring a registered deed as null and void under un due influence, issues framed
but defendant filed IA under O7r11b stating in correct court fee. but lower court judge said under sec 34 of specific relief act any suit with out consequential relief claimed a bare declaration is not allowed, plaintiff not taken effort to rectify the error, so plaint rejected.
Is this an Jurisdictional error and valid reason for civil revision petition in HC ?
should plaintiff must have gone for Appeal and not civil revision, when appeal is possible in such cases can civil revision can be rejected saying plaintiff must have gone for Appeal only ?
Thanks
Anonymous
10 October 2018 at 15:24
Hi All,
I need some guidance on how to deal with unruly neighbours above my flat.
Background : I live in a 2 BHK flat in Bangalore KA. The flat above has been put on rent since past several years by the owner. Some amount of noise from ceiling and nearby flats is natural and unavoidable. However , I am facing a recurring nuisance from the tenants above my flat for about 4 years now. Below is the description of each case.
Year 2014-15 : Tenants above were a family with a small kid. There was noise every now and then of dropping toys and other objects. I tried to speak the neighbours about it how loud the noise comes across the ceiling and to put a rug/carpet where the kid usually plays. The woman slammed the door on my face saying that she cannot discipline a 2 years old kid and that I cannot understand because I do not have kids.
Year 2015-16 : This time the tenants were 3 bachelors who their individual work schedules spanned day and night so the noise of banging balcony doors , loud conversation and playing with bat/ball was common and wouldn't stop until 4 am. Plus , they had party every weekend /sat / sun with loud music and drinks. I would go upstairs at 2:00 am in the morning to ask them to stop the loud noise and many times it was scary because I would be talking to a bunch of drunk youngsters.
I met personally with the manger and they asked me to complain online. I even spoke to the owner but the nuisance continued even after. However, at one instance I got really sick and couldn't get rest for several days/nights because of the nuisance so I decided to go the police and that's when the association got into action and spoke to owner about it and the bachelors were asked to vacate.
Year 2017- till date: New tenants were again a family with a small kid. The kid is hyperactive and runs around the house. He also loves to pound with the bat on the floor every now and then. Coupled with pulling furniture and throwing toys every now and then , it became difficult for me to stay at home , let alone work.
It's not just the kid, the grownups contribute to the noise too. They would watch movies with loud noise, put washing m/c after 11 pm , bang doors of bathroom/balcony etc.
I again decided to take the matter to association. To my surprise, association secretary told me there were no laws for such situations and people can do whatever they like in their own home. They asked me to adjust to these people as they have a small kid. I argued that it is not about written laws, it is more about having good civic sense. I cannot be asked to adjust every time a family with small kid moves into above flat.
I suggested them to use a rug where the kid plays but they refused it by saying that it may cause allergies. Even the owner has refused to listen to me saying that if I have problem with his tenants then I should pay the rent to keep the flat above vacant. Recently the kid has started cycling around the house , esp after 9 pm.
I have been living there since 10 years and haven't caused trouble to anyone. I shared my problem with few other members of the society and they have asked me to use fan , headphones, going out for a walk to stay away from noise in the evening. but one cannot study or eat or watch Tv wearing headphones , certainly not for several hours. Fan and Tv cannot curb cycling noise, neither can I go out for a walk at 11:30 pm or midnight.
I am managing my work somehow during daytime but evenings and late evenings are stressful. Just because I live alone, doesn't mean I have no personal life. I want to relax and rejuvenate in my own house after a whole days work just like any other person.
My friends have suggested me to relocate but I don't want to leave my own house because of some narrow minded people who do not understand community living. So far , I have been using the right channel and means to voice my problem with no results. In all this process, I come across as the person who keeps complaining about tenants but it is far from the truth. I am sick and tired of asking help from association and other members of the society.
This is a recurrent problem and I would really appreciate if someone can suggest a way to mitigate this situation within the bound of state laws. I am not a person who would fight with neighbours loudly and create a ruckus. Are there are any legal steps that can be taken to make the owner/tenants that they have been disturbing my right to live peacefully in my own home since years?
Many Thanks !
DAYASAGAR MEHER
10 October 2018 at 08:40
I have obtained a order u/s 145 crpc from SDM, in which it is ordered that, "because I am in possession of a specific land for more than 30 years, so status quo of my possession over the said is to be maintained".
The order was passed more than one year ago. No appeal was filed or no civil suit has been filed since then by our opposite party.
Now the boundary wall which prooves my possession is damaged, I want to increase the height of the same wall and plaster it, so that my house will be secured from theft.
but the opposite party which has lost the case, is obstructing to increase the height of boundary.
1. Can I legally increase the height of boundary wall under said situation.
2. if yes, then how can I do so because my neighbor is obstructing the same.
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Cooperative housing society (mumbai)
Hello all,
I live in a flat in a 35-year old building in Mumbai. The building is old and lacks a bit of maintenance and hence has some leakage issues in one bedroom.
I have replastered the ceiling and walls of the bedroom twice since I bought the flat in 2003 but since the outer walls are not well-maintained, I see leakage every monsoon.
The thing is the society is supposed to repair the outer walls but no one apart from me is willing to contribute money into the endeavor and the society officials say they don't have enough funds to carry on the work on their own.
In this situation, me repairing my bedroom from the inside makes no sense as it will be a waste of money unless the outer walls have been repaired.
I have sent several letters to the society about this but have seen no response.
What can I do from this situation? What kind of legal options do I have from here?
Any help would be appreciated.
Thank you.