Udit
02 September 2017 at 18:16
Please tell me that how much is the period of limitation for filing SLP in the Supreme court against the order of a single judge bench of the high court.
Hisham
02 September 2017 at 17:16
Sir,
I am the advocate for the petitioner/plaintiff. Have filed a Order V and Order VIII Rule 1 Application for the defendants to have not filed in the Written statement in 90 days. The court had taken my application and on the next hearing date when the defendant had filed in their written statements had returned my application stating that the written statement had been filed by the 6th respondent. Meanwhile Respondent 1 - respondent 6 have been termed exparte but ad-interim expert orders have not been passed for the other pending application but only R1-R5 has been termed ex-parte but failing to pass ad-interim orders. I wanted to file a petition before the Hon'ble High court with regard to Transfer petition under section 24. Will the High court in my transfer petition give ad-interim orders to my pending injunction applications where my orders are still pending after court hearing the said application as forcing me to withdraw my applications. Secondly can i file a petition under article 227 of the constitution of indian for the court to have acted in excess of its jurisdiction for not only numbering my petition but later returning it on the next date stating that the 6th respondent filed in their written statement without stating any reason nor even have they filed any time extinction application stating reasons for the failure to file within the time period of 90 days. What petition to be filed for returning my petition under order V Rule 1 and Order VIII Rule 1 whether A petition under article 226 or whether a petition under section 115 of C.P.C. Will a petition under article 226 be maintainable?
Keshaav Chakrbarty
02 September 2017 at 16:40
(i) A Plaintiff Lady and her Late Husband (Being the joint holder of their building property) had made a Lease Deed Agreement with a Proprietorship Firm represented and signed by its proprietor for 05 years in December,2008. (ii) In 2011 the Father of the then proprietor takes over as proprietorship of the same firm, Trade Licence has been issued to the Father as proprietor of the same firm, Bank Accounts of the firms remained same and proprietor being changed. (iii) The Plaintiff and her husband had been informed by both past & present proprietors, though verbally only as that time the relationship between partied were cordial, about the change of proprietorship,as the son is physically challenged and got a job outside that time. (iv) The Plaintiff herself had received Rents for 02 consecutive months in Feb and March,2011 from the same firm and the cheques were signed by the Father as the new proprietor. Bothe cheques got enchashed from the same Proprietorship Firms Bank Account. (v) But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard altogether, first on u/s. Cr.P.C. 107 at Executive Magistrates Court, and second also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. (vi) Though they have mentioned about filing of these cases in thei eviction suit also in 2012, but while filing Affidavit-in-chief in 2017 August, they did not mention the results / present status of those criminal cases filed by the Plaintiff against defendant no-1,3 and their security guard of the firm; (vii) And after that in 2012 they also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and also against Son's Wife, in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. (viii) But the Agreement was not at all signed between any of the three defendants in individual capacities with the plaintiffs, but was made between the Plaintiffs and the Proprietorship Firm. (ix) That period our Advocate told that Rent cannot be deposited in Rent Control as our firm and the leased property is located in Gram Panchayat Area. (x) Hence as per Advocates suggestions we started sending Money Orders to the Plaintiff every month, which plaintiff refuses, and does not accept. (xi) Even the Defendant no-1,3 and the firm's security guard filed a Money Suit against the Plaintiff in 2016 after getting acquitted from the criminal case (G.R. Case) filed by the plaintiff for : Suit for damages for malicious prosecution and arrest due to false complaint. No w/s submitted by the plaintiff for this Money suit till date. Under such circumstances can we file Order 7 Rule 11 petition at this moment when trial is going on ? And Can we get relief from this Order 7 Rule 11 application from Ld. Civil Court ? Can a Plaintiff file an Eviction Suit by mentioning 3 separate defendants in one plaint ? Is that accepted or maintainable ? Please guide.Thank you, Regards.
Alok Sahu
02 September 2017 at 16:37
I am 65 years old senior citizen. I am staying with my wife in my own house at Cuttack Orissa and have clear title. My son and daughter in law are also staying in the same house. In recent years they are regularly torturing both me and my wife in any manner. Last year my son who is practicing as a junior advocate, filed a civil suit against me claiming the property belongs to him. In his suit no evidence available in his support and claim is purely imaginary. He have also filed an I.A. to prevent me from any alienation, which was rejected by the Honorable Court . After that he is regularly getting violent and torchers us. He also threating to drag the suit for years and after my death he will automatically gain the ownership. We have reported it to police no. of time about the violence but police is not paying any attention to us. We have filed an I.A. with prayer for eviction of my son and daughter in law and to allow them to fight the legal suit by staying outside. My son is not contributing anything towards maintenance of the house rather he have captured a major portion of the house. Honorable Court have rejected our I.A. as my son is a prima facie on the suit land (by means of cable TV connection in his name). Should we go to the upper court and then what are the possibilities, as the suit is under trial court. We have submitted written statement including counter claim for eviction. My son is not filing the reply to drag the suit and the matter is pending since last 3-4 months. Is there any other better way for eviction. If you have any suggestion for me please share.
Anonymous
02 September 2017 at 12:50
we are 70 familys people purchased & residing with houses since 70 years ,we dont have a registration for my house lands at the time of past 70 years ago we dont have registration system,thats why we dont have a registration ,actually pattadar died nearly 60 ago he dont have children and family.
now a days some body created a fake successor letter who is pattadar brother son he applied for virsat he got pattadar passbook and Title deed from revenue depatment,now he is come to court (joint colletor)he is having rights to sell all these lands,he is fighting for these lands.
since 70 years and above we are purchased and enjoying these lands we are having house tax bill,tap bills,electricity bill,some of persons having rhytu passbook issued by thasildar .
in revunue record we dont have a name in pattadar colum(who is died 60 years ago pattadar his name is continuing) we a having a colum enjoyment colum since 50 years above
this is gone for judgment to RDO court RDO is enquired all the details about lands is house site area, he cancelled which is given virasat pattadar passbook and title deed
he orderd issued seize pattadar passbook and Title deed from fake successor.
now the fake successor (pettissioner) went for Joint colletor for Judgment
who will have rights for lands(houses residing area of seventy families)?
we (Respondents) Seventy families having following documents
1.pahani copies since 1950-to -2017 ( we are in enjoyment colum)
2.some of having rhytu passbooks issued by thasildar
3.electricity issued copy since 30 years ,bills
4.house tax bills since 20-30 years
5.we are in present position in land (having houses and enjoying)
6.we are having proof for fake sucessor letter ( who is the proof of signed on fake sucessor letter is signature is wrong and at the time he is having only 14 years as per aadhar card ex:created letter at the time of 1953 who is singed as guaranteer is born on 1939 )
pettisioner having proofs:
1.some of our 2 familys are registered with pettisioner at the time he doest have a name in pattadar
2.he is having a proof after getting a passbook one member is registered with petitioner
3.iam is the respondent (iam not having name in colum enjoyment, my father is alive he is having a name in enjoyment colum in revenue records)
doubts
1can i eligile for petision for this issue?iam not having name in enjoyment colum my fathes is having name in enjoyment colum
2.iam is the petisior is going on this issue
Anonymous
02 September 2017 at 12:42
A Plaintiff Lady and her Late Husband (Being the joint holder of their building property) had made a Lease Deed Agreement with a Proprietorship Firm represented and signed by its proprietor for 05 years in December,2008. In 2011 the Father of the then proprietor takes over as proprietorship of the same firm, Trade Licence has been issued to the Father as proprietor of the same firm, Bank Accounts of the firms remained same and proprietor being changed. The Plaintiff and her husband had been informed by both past & present proprietors verbally about the change as the son got a job outside that time. The Plaintiff herself had received Rents for 02 consecutive months in Feb and March,2011 from the same firm and the cheques were signed by the Father as the new proprietor. But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard on Cr.P.C. 107 at Executive Magistrates Court, and also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. And after in 2012 that also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and Son's Wife in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. But the Agreement was not at all signed between any of the three defendants in individual capacities with the plaintiffs, but was made between the Plaintiffs and the Proprietorship Firm. Under such case can we file Order 7 Rule 11 petition at this moment when trial is going on ? And Can we get relief from this Order 7 Rule 11 application from Ld. Civil Court ? Please guide.
b B Raju
02 September 2017 at 12:00
Since my brother is trespassing into myproperty I have filed a civil suit and the same was decreed in my favor. After that I have filed a EP for the compliance of the decree and the same is pending. At this stage recently i have sold away the property to the third party. Now my question is what about the fate of decree and EP. Will the law provide to transfer the decree to the person who purchased my property or I myself have to continue the EP. At present the decreed property is not in my name. Please give a valuable suggestions on my query.
TQ
Raju
Anonymous
02 September 2017 at 01:09
My father after getting order from court has filed a darkat to execute the order by court and get the money however in said case there is no insurance company involved. Hence the case is filed against individual. The said person does not have assets like property on his name. Is there any legal process through which we can put the peron in jail till the money is paid or any other things that can be done to get the money.
Gaurav khare
01 September 2017 at 20:08
Dear sir
One of my friend is working in bank he has given a loan skcc to party residing in village the loan amount is transferred to party account and cheque book is given now the party has complaint that bank manager and one middleman has done fraud and I have not taken the loan of that amount but taken the only very small loan the middle men party is referring to is his relative the party has voluntarily given the cheques to that middlemen bank has the proof that cheque book issued and loan is given as per policy bank manager presently working there has also visited the police station and given the statement that paper in bank is in order now I want to know that how the process will go further what police will do
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MACT DARKAST
My father after getting order from court has filed a darkat to execute the order by court and get the money however in said case there is no insurance company involved. Hence the case is filed against individual. The said person does not have assets like property on his name. Is there any legal process through which we can recover the amount.If yes, I'll request to brief about same..... Saarika Patil