dheepak srinivasa
24 January 2013 at 01:18
Dear Sir,
I filed a original suit for recovery of money in the sessions court which was dismissed by the judge. But earlier I had also filed an IA for attachment of property which was dismissed and than I appealed in the HC which gave" since some of the valuable property documents have been deposited with the petitoner by the respondent as security through deposit of title deeds there exists no need to order on ABJ"
not satisfied with this I appealed in the supreme court through SLP insisting on further security through ABJ.. but unfortunately my main O.S got dismissed before the SLP hearing.
I informed the SC on this but the SC asked me to argue my case and perused the docs and made this order
O R D E R
Delay condoned.
Permission to appear and argue in person is allowed.
Heard petitioner who appeared in person and perused the
relevant material.
We are not inclined to interfere with the impugned order of
the High Court. The special leave petition is dismissed. However, it
is represented by the petitioner who appeared in person that against
the decision of the Trial Court, he has already filed appeal before
the High Court. If the above statement is correct, he is free to
pursue his remedy before the High Court.
does the above order mean that MORTGAGE by deposit of title deeds exists? as SC has passed this order only after the trial court dismissal of the main suit. Is there any other benefit for this order which I can use in appeal?
vijaykumaran
23 January 2013 at 20:53
I have one land at tamilnadu sir.
4acres of land.
the PATTA is in my name.
I got through partition from my fathers property.
registered document in my name.on 1997.
(partition deed between brothers)
10 years tax receipt by vao office. i have sir.
I GOT THAT FROM MY FATHER.
MY FATHER GOT FROM MY GRAND father.
that document registered at register office.I have.
(partitian deed)1979.
the particular land was bought by our grand father on 1942.registered in register ofice copy we have.
from 1942 to till date our family NAMES are coming at registror office.
************
-The suit.
*************
now at 2007. a temple under the control of HR&ce.[Hindu religious and charitable endoment trust} {of tamil nadu.government]
]filed a suit claiming that the particular property belong to the temple only, by on document dated 1925. .[temple trustee filed a case.]
in the suit they have not mentioned 1942. document or any other document.
at 1942 the temples trustee only sold that property to my grant father.
they simply ignored these documents and they are claiming.
respected sir !
this is not a time limit
barred case sir?
they simply filed the case and they are not proceeding the case also.stagnant stage.
is this not a time limit barred case sir?
I KINDLY REQUEST TO ALL OF THE EXPERTS OF LAWERS CLUB SIR . PLEASE TELL ME.
vijay kumar CHENNAI
Divya
23 January 2013 at 20:44
Dear Experts
Can a arbitration award be declared as void or null in a Writ Petition ?
My case is as follows:
Everything about arbitration award is ex-parte..No arbitration act 1996 is followed.. No notice is sent of arbitration proceedings and award copy is sent to fake addresses. (All proofs with us)
“Fraud vitiates and nullifies every solemn act and any decree/judgment/order procured by fraud is void and non-est.”
Hence even the arbitration award is void and non-est, and is equally against the principles of natural justice.
When something doesn’t exist legally, why should I set it aside as per Section 34 of Act 1996…
Can I not use a Writ Petition to say that “I need a declaration that the award be adjudged void and unenforceable”
Please assist.
Thankyou
KRISHNA MOHAN SAHA
23 January 2013 at 20:38
Dear Ajay Sir,
Thank you very much for your valuable suggestion.
Actually he has detached us from the tap in 2nd floor which we had been using for last 7 years and the landlord is forcing us to use the tap on ground floor, moreover he has not left any opening for draining the waste water out.
Secondly he has not received the rent for last 2 months i.e., Nov & Dec.'2012 and trying to prove us defaulty.
How to tackle the situation.
soniya
23 January 2013 at 18:52
Dear Members,
I have waive the service of summons on 27.9.2012. I have to file my w.s. on or before 26.10.2012. I could not filed as it was not ready. I have prepared the application for asking 2 weeks extension but the board was discharged on 25.10.2012 and i have not mentioned.
My W.s. was ready by. 3.3.12 the next date was 6.12.12. on that day court was vacant. matter adjourned for 8.1.2013. On 8.1.2013 i have served the copy of w.s. to the advocate for defendant in court. On that date i.e. 8.1.2013 also court was vacant and matter was adjourned for 16.1.2013.
On 16.1.2013 i tried to file my W.s. but court has not accept it and kept matter for no w.s. order. I explained to the court that i was under impression that if board is discharged or court is vacant and court gives next date in the matter the time to file W.S. is automatically extend.
As judge has refused to accept it i have taken out Notice of motion for delay condo- nation and mentioned all the facts in the affidavit.
Now the matter is on 22.2.2013 for hearing of Notice of motion of delay condonation.
Kindly help me with the judgment which is relevant in abovementioned kind of issues. where in delay has been condone by the court in such types of cases.
Actually i do not want that client should suffer on my lack of knowledge.
Need your assistance as early as possible.
Thanks and regards.
Adv. Soniya.
soniya
23 January 2013 at 18:41
I have filed summary suit in 2010. The defendant was duly served with the court summons. the defendant has neither filed his appearance not filed his written statement till date. I forgot to ask the court for decree as the defendant has not filed his appearance in 10 days.
Now it is time barred. On last date i.e. 18.1.2013 i have requested Hon'ble court to kindly kept the matter for ex partee evidence of plaintiff. The his honour judge has informed me to that before expartee evidence i have to complied with some procedural thing. He did not tell me that procedure.
Kindly tell me the full procedure and the relevant procedure which i have to comply with so that matter can proceed further with the evidence.
please do the needful.
Adv. Soniya.
Perala Raghavendra Chakrapani
23 January 2013 at 12:40
Sir/Madam -
In 2002,I had paid and brought land in AP. As Iam deaf and busy with office work at chennai, My father registered land in his name. My father died in 2006 and the property is in my father name. I would like release deed from my mother and younger sister to release their property rights in my favour so that I can sell property on my own in future.
Please let me know the solution. Can I get help in writing release deed ?
basavaraj shiromani
23 January 2013 at 11:14
In 2005 A obtained a land from her brother B under family arrangement. Accordingly arrangement was reduced in to writing as Apsat watni patra and accordingly her name has been entered in the records of rights. B himself gave a wardi to enter his sister name ss per the family arrangement. But after lapse of 6 years, he changed her name in the record of right which was came to be dismissed. But he started disturbance to A to leave the land in his name. She filed a suit for Injunction. During the pendency of the suit she destroyed the crops also. What remedy available to A for the destroy of her crop during pendency of the suit.
Arsalan
22 January 2013 at 23:56
Hi,
we (c) buy a land in 1991 from (B)we didnt done any registration on this land but we have Sales papers which is written in Bond Paper .and B has buy the land from (A)1969
(A) was the Three brothers and one of them died in 2007 now the Son of Died vendor claiming the Land and other brother dont have any objection on that deal . when (A)sale to (B)the son who is objecting he was not born.
we have municipal permission to contruct the house .he is threating us to kill us or he ill grab the complete land .could you please help us ..what the step we should do....
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Will registration
Dear sir, One of my friend father hold an unapproved plot which he wants to give will in favour of his son. Because that area has not been registered till now as it is Natham Poromboke. Still patta not available. But they are in posession over the plot for the past 25 years paying tax to municipality others.
Whether the WILL of the unauthorized plot can be registered ?
This is in Tamilnadu -Chennai outskirts.