Advocate Sheetal
30 January 2014 at 12:37
if the suit is dismissed for default & again one of the Plaintiff filed new suit on same cause of action, than doctrine of res adjudicate is applicable or not
Jamy James
30 January 2014 at 10:33
Hi Sir.
We purchased a flat with 2 parking from a builder in blr. We got a clearence letter with no dues from builder to occupy the flat in Nov2012. we started living from dec2012 & parking got 1st & 2nd parking alloted(marked & given with flat no)in june 2013, then after 3monthes 2nd parking got re-alloted to the land owner by the builder, & had to compromise with another parking.
Then in the month of dec2013 when we were out of town(on vacation)without informing us the builder again realotted our 2nd parking again to the landowner. we have been forced to chose a sidy parking lot by the builder. As the builder do not provide any parking allotment letter what is the legal action can be taken against the builder for cheating & making us go thru such terrible mental pressure.
Thanks
Jamy
Amit Kumar
30 January 2014 at 06:46
IN THE COURT OF CIVIL JUDGE (SENIOR DIVION)
JHARSUGUDA
CIVIL SUIT NO. 51/12
1. Kompany Mahapatra, aged about 75 years,
...Plaintiffs.
-Versus-
1. Dasarath Sharma, aged About 46 year,
...Defendants.
The plaintiffs beg to state as follows:
1. That the plaintiffs and defendants both are HINDU by religion. The plaintiffs are KHADRA by caste whereas the defendants belongs to BRAHMIN by caste they are stranger to the family of the plaintiffs. That, the plaintiffs have got rayati land at Mouza- Talpatia which is recorded in khata No. 13 of the said village in the name of plaintiffs That, in the said Khata No. 13 of Mouza- Talpatia, Plot No.1617 Kisam-Bahal Sadharana area Ac.1.68 decimal and Plot No. 1902, Kisam- Bahal Sadharana, area Ac.1.21 decimals, has been recorded. The said land is the royati land of the plaintiffs. The defendants have got no right over those two plots which is described in schedule ‘A’ below of the plaint, which is the suit land and known as suit land here-in-after. Even through defendants have got no right, defendant No.1 Dasarath Sharma filled a mutation case bearing No. 3179 of 2010 in the court of Tahisildar, Jharsuguda to get the suit land mutated in his name. The plaintiffs or their ancestors never transferred the suit land to the defendants. There is no registered documents. Still the learned Tahasildar, Jharsuguda allowed the mutation and passed order to mutate the suit land in the name of all the defendants. Challenging the said order, the plaintiffs have filled appeal bearing No....... in the court of Sub-Collector, Jharsuguda which is pending for disposal.
2. That the defendants never possessed the suit land. They have got no manner of right title interest over the suit land. But as the Tahasildar, allowed the mutation in favour of all the defendants and passed order to record the suit land in their name taking advantage of it, the defendants are not trying to take forcible possession of the suit land from the plaintiffs. Last year the plaintiffs sowed paddy and harvesting the same, but this year 2012, in the month of June when the plaintiffs were preparing the suit land and making improvements of the ridges the defendant No. 1 created dispute and threatened the plaintiffs not to allow them to possess the suit land any more. On last 15.06.2012, the defendants again gave threatening that they will forcible enter to the suit land, hence the same has clouded the right title interest of the plaintiffs over the suit land. Unless the Hon’ble court passes an order of injunction the defendants may by creating a serious dispute take forcible possession of it. Hence the present suit is filed.
3. That, the cause of action of the suit arose on 12.11.2010 when the Tahasildar, Jharsuguda allowed the mutation and passed order to record the land in the name of the defendants. And further on 01.06.12 and 15.06.2012 when the defendants created dispute and openly declared to take forcible possession of the suit land from the plaintiffs. The cause of action has arisen within the jurisdiction of this court.
4. That, the suits valued at Rs. 51,000/- (Rupees fifty one thousand) only for the purpose of court fee and jurisdiction and Rs. 100/- for the purpose of injunction, on which court fee of Rs. 2994.75 paise is payable, which has been paid in the form of court fee stamp. The suit is within the pecuniary and territory jurisdiction of the court.
The plaintiffs pray for the following relief:
I. To declare right title interest of the plaintiffs over the suit land.
II. To conform the possession of the plaintiffs over the suit land. In case the court finds the plaintiffs to have been disposed from the suit land then recovery of possession be decreed and the possession of the suit land be given to the plaintiffs through court.
III. The defendants be injected by passing permanent injunction not to create any dispute in the possession of the plaintiffs over the suit land.
IV. Any other relief or relieves of the court deems proper may decreed.
Advocate for the plaintiffs. Plaintiffs.
The plaintiffs rely on the following documents:-
I. Khata No. 13 of village Talpatia.
II. Certified copy of final order passed in the mutation case No. 3179 of 2010 by Tahasildar , Jharsuguda.
III. Rent receipt.
IV. Any other document or documents relevant at the time of hearing of the suit.
Schedule ‘A’
Khata no. 13 of village Talpatia.
Plot No Kisam Area
1617 Bahal Sadharana Ac.1.68 dec.
Advocate for the plaintiffs. Plaintiffs
what is the result of the above suit ? please guide me.
PARAMJIT SINGH
29 January 2014 at 21:07
Dear Sir/Madam
My Query is to get information regarding Section 138 of Negotiable Instruments Act.
Also Please let me know that Can i file law suit u/s 138 in Lok Adalat or Permanent Lok Adalat.
and also is it necessary to have Lawyer for filing the Law Suit u/s 138 in Civil Court. Can Any Person File case at his own behalf without engaging services of a Lawyer.
Is there any provisions in Law to fight case on individual basis i.e without Engaging a Lawyer.
Pls Reply me asap.
with Regards
Paramjit Singh (Pursuing CS)
Amit Kumar
29 January 2014 at 20:28
The plaintiffs have got a rayati land of area 1 acre 67 dec.which is the suit land. even through defendands have no right, defendants filled a mutation case no 3179/2010 in the court of tahasildar. to get the suit land mutated in the his name. the plaintiffs or their ancestors never transfered the suit land to the defendants. there is no registred documents, still the learned tahasildar allowed the mutation and passed the ordered to mutate the land in the name of defendants.the defendants never possessed the suit land. they have got no manner of right title interest over the suit land but the tahasildar allowed the mutation in favour of the defendants taking adventage of it the defendants take forcible possession.hence the suit is filled.
what is the result please guide me ?
Amit Kumar
29 January 2014 at 20:22
The plaintiffs have got a rayati land of area 1 acre 67 dec.which is the suit land. even through defendands have no right, defendants filled a mutation case no 3179/2010 in the court of tahasildar. to get the suit land mutated in the his name. the plaintiffs or their ancestors never transfered the suit land to the defendants. there is no registred documents, still the learned tahasildar allowed the mutation and passed the ordered to mutate the land in the name of defendants.the defendants never possessed the suit land. they have got no manner of right title interest over the suit land but the tahasildar allowed the mutation in favour of the defendants taking adventage of it the defendants take forcible possession.hence the suit is filled.
what is the result please guide me ?
Gaurav Sharma
29 January 2014 at 19:45
Hi Sir,
I filed an RTI, regarding my degree pending since last two years asking for the cause of delay in degree and when will I get my degree.
I am B.tech(ECE) Passout of 2011 batch and not yet received my degree.
The RTI was filed by my mother asking about my degree.
Approx 35 days have passed I have not received any reply to my RTI from PIO(public information officer).
There is no Appelate authority details given on UPTU website , I want to know where should I now file appeal.
And what next steps should I take.
(Attached is my RTI application)origal copy sent to PIO was signed by applicant that is my mother.
Please help me, your help will be very usefull to me.
Regards,
Gaurav Sharma
shalini
29 January 2014 at 19:14
Dear Sir,
One of the flats was sold on the ground floor to the dentist 2 yrs ago wherein the dentist had given an undertaking that he will not open the clinic at the time of obtaining NOC from society and even signed the Form 4 . its a 1RK 280 sqft flat and remained empty since last 2 yrs .he doesn't stay here Now he is wanting to start a clinic and says he doesn't need society permission. He was present in the AGM wherein resolution was passed that no professional activity is allowed in society premises since all are senior citizens . Need your help to prevent him from setting up clinic
aj
29 January 2014 at 18:39
hi
plz help to get some information.. I was workin with Company ABC n i took person load againts my salary and now i hv changed my company n working with XYZ company, M unable to pay the loan i took form fullerton india , are you authorise to come my new company XYZ TO trace me or not.
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