Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AMIT KUMAR MISHRA   25 February 2016 at 17:17

Dispute of shop with nagar palika nigam regarding leasehold right vs rent

Disputed Property
Shop No.21, of Nagar Palika Nigam, Rewa, District-Rewa (M.P.)

Shop Owner Manik Lal Khandelwal

History of Shop of NO. 21

A one floor building was constructed in the year 1991 by Rewa-Sudhar Nyas, Rewa, in which 41 shops in ground floors and 25 Advocate chambers in first floor were constructed in this building.

Out of 41 shops 32 shops were sold-out as leaseholder of 30 Years @ Rs. 100/- Per year.

In the year 1994 Rewa-Sudhar Nyas was merged in Nagar-Palika Nigam, Rewa.

Then in the year 1998, Nagar Palika Nigam, Rewa has invited an premium auction in news paper for auction of remaining 9 shops. In news paper conditions were written for auction that "Condition for auction shall be seen in the office".

By this premium auction my client Maniklal Khandel has paid advance Rs. 5000/- for entering in premium auction and got Shop No. 21 in auction.

Then after 6 Months client has paid remaining premium amount Rs. 29678.00 to Nagar Palika Nigam, Rewa.

Where it has been told by Office that you have to pay rent @ 200/- per month also.

My client said that in this complex all shops are in lease rent @ 100/- per year.

Then dispute begans here:-

1. Nagar Palika Nigam Says that clients has to pay monthly rent @200/- p.m. along with premium amount Rs. 34500/-.

2. My clients Says :- I have paid premium amount and I am owner as leaseholder as per previous all shops in this complex are in leasehold rights for 30 years.

You are kindly requested that give appropriate direction and any citation regarding in this case.

anilkumar yadav   26 January 2016 at 15:23

Municipality jurisdiction?

Does the B.D.O. hace jurisdiction upon the area or village which is under the jurisdiction of MCD.

What are the effects of the notification u/s 507 of MCD, what changes does the area has or upon it's revenue matters.



Shahbaz Patel   25 January 2016 at 12:45

Illegal building - problem with name transfer

Hi,

We had a deal for a 3bhk in March 2015 and the deal was to pay the amount in installments within 9months. We made sure we paid the amount on time but only when the last payment cheque was suppose to go we came to know that the building is illegal, but still we though we would continue and get the papers transferred in our name. As the property belongs to a dargha trust, they want us to give in written that they would not be responsible for anything that would happen in terms of the illegal construction notice received.

As far as we understand this can put us into trouble at the time when the Court gives their decision on the Stay taken right now.

Can someone tell me if this is right for the trust to take in written only from us ,whereas our deal took place in March 2015.

The building has a Grampanchayat approval.

Thanks

Abdul Wajid   20 January 2016 at 16:36

Dead of the respondent

In Civil appeal there was a delay therefore application with affidavit was filed for condonation of delay with Civil Appeal.
During pendency of application of condonation of delay a respondent died. Therefore how to make application for LR Petition which should also be taken on record in Appeal. Because the application for condonation of delay will be disposed and there will not be information about death in Appeal. What to do ?

rajesh karnik   13 January 2016 at 14:55

Pre - suit notice objection & framing of preliminary issue

Respected Sir,

Suit is filed against the corporation. Corporation is established by govt. under special act. Special act requires pre - suit notice before filling suit against corporation for acts done under the special act.

Plaintiff has filed suit against corporation & its officers without giving pre - suit because act done by them is not under the act being an illegal act. But plaintiff has not specifically pleaded in the plaint that as to why this notice is not applicable to plaintiff & its grounds.
After filling this suit corporation & its officers did not file WS & hence court passed NO WS order against them which is not challenged by them.

After that another defendant who is not related to corporation & who is a general public after filling WS took objection that no pre - suit notice is given to corporation & requested to frame preliminary issue on that point.

Can other Defendant take this objection when corporation is silent ?

Thank you.

TANGO KILO   03 January 2016 at 10:46

Vacate Renters time

Dear mam/sir in how much time a renter is supposed to vacate the occupied rooms after notifying. Renter is staying for last 5 years.

virender singh   24 November 2015 at 12:26

Sewage treatment plant in residential society

Respected Experts,
I m living in a society which comprises of at least 100 flats in one compound wall of two and three bed rooms.our society consists of 7 blocks which constructed by different builders but name of society is royale city singhpura,zirakpur Punjab and whole society is owned by Motia constructions ltd and others now sewage connections are connected but no sewage connection document has been given, we members have come to know that any residential society comprising such no of flats should install sewage treatment plant but builder says it is not mandatory for g+2 type flats we fear after possession we may not face legal case afterwards and in that case we all society members shall have tobear the expenses to install sewage treatment plantpl advise us whether it is mandatory to install sewage plant or not by indian laws, pl hurry to answer this since builder is eager to leave the society office after completion upto 15 Dec2015,Regrds,VIRENDER SINGH

confused in all ways   19 November 2015 at 15:07

Review

Whether Review under O 47 possible when High Court has misinterpreted its previous order and dismissed the suit?

DVR Kishore   17 November 2015 at 15:32

Constitution of india

Dear sir,

Please inform me from which website, I can get Constitution of India before 1st Amendment. I need originally formed constitution to understand certain things. There is a copy available in some website but it was a scanned copy, and it was not convenent to go through. I want copy which I can use it by PDF reader option.

Dr.Gaurang N. Gandhi   16 November 2015 at 18:20

Can grand son ask share in ancestral property after death of his mother?


Dear Experts,

Iswarlal died in March 1963. Sureshbhai and Rameshbhai were the legal heirs.

But, Unfortunately Sureshbhai was died in 1950 left behind minor daughter Sumanben only.

In december 1963 Rameshbhai file application in mamalatdar and converted all ancestral properties in his name only.

Sumanben was not in knowledge about that. In 2013 she came in knowledge about the mutation entry done by her Uncle Rameshbhai in 1963. She filed application to revenue court to cancel the mutation entry. That is yet to decide.

Sumanben died in 2014 left behind a Unsound mind & unmarried son and a married daughter Indumati.

Now question is that:

1.Can Akshay grand son of Suman i.e. son of Indumati file a suit in civil court to get equal right as legal heirs of Rameshbhai are enjoying?

2.Can he succeed the application filed by his grand mother Sumanben to cancel mutation entry of the year 1963?

3.Is there any other remedy?

4. will the recent judgement of Hon'ble S.C. affect the suit?