Ali Hassan Mirza
04 September 2012 at 18:43
We are the plaintiffs in eviction suit and the tenants had filed a suit of injunction earlier to the suit of eviction and obtained temporary injunction but the main suit is still on trial in the junior court.
Now the Said Eviction suit has been Filed in Senior Court and orders to remit / deposit rent has been obtained in an IA and the main suit is on trail stage.
We want to close this case of injunction being the landlord (flat owner) has already taken due process of law and instituted a suit of eviction against the tenant and and the suit of eviction is filed so as to not to evict the tenants forcefully.
I got to know through some friend that there is SCC ruling stating that is landlord has instituted an eviction suit, it itself shows that he will not evict the tenants forcefully and in such case suit of injunction is meant to be closed.
Or as such if there is any ruling in regard to if a case of same cause of action is running in Senior Court then Junior court should not continue the case or should close the same
If any of you can guide me with help of pre-decided cases / ruling, it would be of great help.
Thank You.
robin
04 September 2012 at 18:43
within how much time the damages has to pay for breaking an agreement or contract?
what is the time limit to pay the damages?
suppose there is no time limit specified in the agreement
or suppose it is an oral agreement or oral promise.
then within how much time the damages has to pay for breaking an agreement?
if one want to pay the damage after 3 or 4 month will that be accepted?
Anil Saini
04 September 2012 at 18:25
dear sirs i have a quarry , Ajay sen Gupta , who completed LLb, and enrolled Himself in Bar councle U.P. Problem is that His all Educational Documents In name of Ajay sen ,also enrolled for Advocate in name Ajay Sen.
He want to know whether he can practice By name Of Ajay sen Gupta, what is The Procedure If any . He File ITR in name Ajay Sen Gupta. Pls Advice
cheryldsouza
04 September 2012 at 17:52
Dear Lawyer members,
my house which i have given on leave and licence the balcony fell on one of the licensee's wife head and she got injured badly and is claiming lots of money from me. What should I do?
pawan kumar
04 September 2012 at 16:56
court is giving long dates to consider my application for execution of eviction orders for issuing warrant of possession. normally what procedure is required to be followed by court for issuance ofwarrant of possession
pawan kumar
04 September 2012 at 16:36
defendent didnot file w/s nor contested but his counsel during proceedings applied for inspection of original documents and thereafter applied to the court for setaside of exparte proccedings. court decided case exparte can court order be got setaside by defendent
Nishant Jojhra
04 September 2012 at 16:01
My client who is from Teh. R.S.Pura, Distt. Jammu married his cousin (Massi's daughter) who is from Haryana under pressure from his parents.Actually the girl had not very clean antecedents and she already eloped three four times with different persons. Keeping in view the character of the girl her mother along with boy's family decided to marry her with my client. My client with very heavy heart married her and the marriage was solemnised at Teh. R.S.Pura, Distt. Jammu months back. After one month she asked my client to go with her at her mother's place i.e in Haryana because her mother was not keeping good health being a diabetic patient. My client agreed and they went there and stayed for one month. And when they were coming back at the Haryana Railway Station she dissappeared. My client made every possible effort to find her but she was not found. My client even called his brother in law(Saadu)and apprise him of the situation. He said that there is nothing to worry about she will come herself. My client came back to his home. And then few days later he was informed by his wife that her Brother in Law(Jeeja)i.e (my client's saadu) took her from Railway Station to his house and kept me there for three months, she also said that she does not want to live there and want to come back to him. But a few days later she changed her statements and now asking for divorce from my client and threatening my client and his family that she will drag everyone to the court. it is pertinent to mention here that her Jeeja is a strong headed person and giving her false promises that he will get her married to some one who is very rich. He is even threatening his own wife i.e (my client's Saali) that he will send her back to her mother's place along with his three children if she said anything. He does not want my client's wife to come back to her husband.
1 What are the best remedies available for my client at this moment.
2 Can we file divorce petition here at Teh. R.S.Pura, Distt. Jammu?
3 What if she files a false case at Haryana and implicates my client and his family?
Colonel R Justin
04 September 2012 at 11:29
I am a retired Lt Colonel who is in a quandry. I need your opinion.
In 1990 I had a purchased a Plot in Village Naggal Soadian, Pinjore, Tehsil Kalka, District Ambala , Haryana.
The said Plot was sold to me by one widow, of a Colleague Army Officer. The sale purchase deed of the Plot mentioned the details of the Khata, Khasra, Khatauni of the piece of Land. In the sale purchase deed it was also mentioned that the Plot is Plot Number so and so in Hill View Enclave, Pinjore which is a registered Society under Societies Registration Act . This was a Society floated by the wife of one Haryana Civil Servant, she had made herself as its Secretary.The widow from whom I had purchased the Plot informed me that the Society- Hill View never ever had purchased the Land nor it owned the Land but it was compulsory to be member of the Society and pay development charges. That Haryana Housing Board, Municipal Corporation and Haryana Electricity Board had given the facilities to the Colony. The said Lady was sister in Law of the said Civil Servant. At the time it was mentioned that she was the owner of the Plot and in case of any defect in the title etc she would be fully responsible. Further that before the date of purchase of the Plot she would pay all the development charges of the Hill View Enclave and after it I would pay the charges.
This sale deed was registered with sub registrar Kalka with my name as Major R Justin purchaser of Plot Number so and so and address of Village Khudi- Revan In Punjab where my parents stayed. The fee of registration of the document had also to be deposited by me
From 1992 i remained in various places in India and abroad. I retired in October 2010. I have no one staying in the area, locality, district, State of Haryana.
There are many schemes where the property of the Defence Personnel is protected by the States of India like eviction of tenant etc. I donot know if there is any Law to safe guard the landed/ house plot Society of the Defence Personnel. If there is any Please tell me?
I learnt after my retirement that my plot had been acquired by the State of Haryana on the requisition of Haryana Urban Development Authority. That the first Notification in the News papers was published on 26.09.2007. That the second got published on 25 .09.2008 and that the Award was announced on 24.09.2010- one month before my retirement from Army.
I also learnt that some people who had made small rooms/ houses on the plots had been spared from Acquisition by the Land Acquisition Collector. I learnt that some persons had approached the High Court of Punjab. I also learnt that to save her plots and plots of a few relations of hers the wife of the Civil Servant who had made herself self styled Secretary of the Hill View Enclave had filed a Suit/ case in the High Court of Punjab on behalf of the Hill View Society but I was never informed nor had I given any authority to her. It was held by the Court that HUDA had stated that the Hill View Enclave was an unauthorised Colony, that the Society had not applied for a License for the Colony. That it flouted Punjab Periphery Act , that the Colony was carved out in violation of Haryana Urban Development Authority Act 1975. The Court gave the Judgment observing that the Society had purchased the Land and carved out plots. That since it was stated to be irregular by HUDA no intervention is called for. The said Lady- secretary of the Society approached Supreme Court and the Supreme Court said that since the Colony is irregular they would not intervene with the Judgement of Punjab and Haryana Court.
I am at loss. The First point is that the Society had not owned the Land. Second that I had not authorised any one to represent me in the Court. Third I had severed my relations with the Society by writing to the self styled Secretary after she had fleeced me on the name of development which neither I could see as I was away . Fourth that I had purchased the Plot directly from a bonafide owner .
The Society has lost the case in Supreme Court. There was a misrepresentaion by the said Society in Pubjab High Court that it had purchased the Land and carved out the plots. The fact is that the Plots were sold by the farmers to persons as per a lay out plan prepared by the wife of the civil Servant who had influence and connivance.
What should I do? If the Colony was irregular then why did the HUDA not objected to it from 1984 onwards when it existed? I understand you require 12 years for even an Adverse possession. I understand some one from the Haryana Government used to inspect the records of the Society.
Some of the Advocates in Delhi told me go to Chandigarh and consult. I am now bedridden due to a war injury and am in Delhi.
I have come to know of this forum and I want honest opinion as to whether I have a case or any chance as I had not approached the High Court of Punjab nor the Supreme Court nor had authorised the Secretary of the Society to represent me. The Society was not the owner and it may be it can be called an association of which she was the self styled Secretary Further that one person's plot's acquisition has been quashed by the High Court on the ground that her plot was in a "planned Colony" and she had made construction and was staying there and she should not be discriminated as about 20 plots have already been exempted. I have also come to know that one case of a farmer is still under way in Supreme Court of India where the Court has observed that the whole acquisition of Kalka Pinjore Project (in which my Plot is there) prima facie deserves to be quashed.
Can I approach High Court? Can I approach Supreme Court? I believe there are many like me.
yours faithfully.
R. Justin
Rohit77777
03 September 2012 at 23:47
If the plaintiff get decree for specific performance and it is ordered to tender the balanced sale amount within 2months and the defendant file appeal but there is no interim or any order to stay the order of lower court. what type of difficulties the defendant will face in this situation.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Declatory decree
My client is an NRI. he has an indian passport and an american passport. he has dual citizenship. indian passport carries DOB as mentioned in the birth certificate which is correct. american passport carries the DOB as mentioned in his school leaving certificate which is incorrect. other proofs such as pan card etc also carries wrong DOB. American passport is due for renewal and they noticed this discrepancy. american embassy asking for the court order. should a declaratory decree would suffice the requirement... or under any other category the suit pertains.. pl advise.