SANDEEP KUMAR
09 August 2012 at 22:35
What is muslim Law on revonversion of religion and whether declararion would be required for divorce?
kishore
09 August 2012 at 22:27
Sir….X and Y ….are two friends…….Y borrowed money from X…..next X got attachment of y ‘house hold appliances refrigerator, TV…..next other things by court next right now without know petition of X in court regarding y (y did not received any notice regarding attachment)…HOUSEHOLD GOODS…NEXT COURT ATTENDERS CAME TO HOUSE SAYING THE GOODS ARE ATTACHED IN recovery….i need whether Y house hold good can have right to stop attachment……next I hear attachment gas stove and cylinder and clothes cannot be attached…..but Y don’t know about attachment because in lower court dismissed….but X came now saying attachment is done…But Y did not receive notice attachment………..is there any chance to stop attachment….any petition………
sadiq
09 August 2012 at 21:02
What are the rights that can be executed while administering staff and students in a private govt aided college as a principal
Chetan Pardakhe
09 August 2012 at 20:26
That in the Civil Suit for eviction and Possession, the bailiff at the first instance affixed the summons at the door of defendants house and the court considered it as a deemed service
Whereas it was not in the knowledge of the defendant The suit proceed further and decided ex-parte and the defendant received the summons of execution proceedings and therefore he acknowledge that the suit is decreed and decided against him and therefore he filed an independent proceeding for setting aside ex-parte decree but meanwhile the decree is executed and the setting aside decree proceedings is pending till today.
My query is if suppose the court set aside the ex-parte decree under such circumstances whether the defendant can get his possession back.
Pls reply along with provisions and case laws.
Kumar Krishan Agarwal Advocate
09 August 2012 at 16:05
Dear Ld Friends,
We have 5 co-owners of a particular ancestral our forefathers land. Two builders Person gave one root to construct new building premises on our land with a 50-50 percentage after build up sell all the constructed premises and share its value in 50-50.
The two Builders want a simple notary of this agreement which was get written on Stamp paper
while
We five land co-owners want a proper registry document to be executed by Sub-registrar on Stamp Paper.
Q1. So We want to ask which is more safer and right for us as we have land rights with us ?
Q2. Is Notary Agreement is enforceable in law by us or by the builder if any dispute may arises to take before court of law in future.
Q3. Which is more valuable in this case the Notary agreement or the Registry document of Subregistrar ?
KRISHNA MOHAN SAHA
09 August 2012 at 14:38
Dear Experts,
My father is a retired small scale businessman of 63 years of age, who has been residing along with his 5 members family in a single rented room with a long floor on 2nd floor in Kolkata for last 31 years.
Now the landlord is trying to evict us fro the aforesaid room. He has disconnected our water supply which was available on the same floor whereas my father had contributed Rs. 2000/- while setting up the water supply system.
He has detached us from our toilet, bathroom, free space on the floor and water supplying tap by given a long wall just 2-3 feet far from our entrance when my father was not in Kolkata. Now the situation is that he has made such an arrangement so that there is 24hrs. water logging in front of our entrance.
When my father & me requested him to make some alternative arrangement for toilet, bathroom and drinking water, then he told us to use the common toilet, bathroom and water tap on the ground floor only with this logic that his floor is being damaged by using toilet, bathroom and water on it. My father again requested that it would be very difficult for a senior citizen like me to make a repeated use of toilet, bathroom, even you have not left any scope of washing utansils on 2nd floor. Then he replied “if you want to stay here then any way you have to tolerate all these.”
For last 3 months, my father reported verbally the same to the club members & our local councilor too but there was no fruitful result. Our councilor sent her assistant to solve the issue by conducting a meeting and his personal visit too. But her assistant commented that he don’t feel that we are facing any problem in such a situation.
In my family there are 6 members (My parents, My elder brother, his wife & their 3 years old baby and me). When my sister-in-law (Vavi) remains alone in the room then being drunked my landlord comes in front of our entrance and starts abusing.
Now, dear experts, what to do in such drastic condition?? Kindly suggest me as we are quite disappointed from our club and councilor too.
surjit singh
09 August 2012 at 07:10
Is an application under Order 39 Rule 2A can be treated as a seperate case and for that seperate notice will have to be given to the parties when the title suit is pending. please cite some case laws.
rajvinder singh
08 August 2012 at 23:36
whether injunction to person who forcibly dispossesed me can be granted against me.
i have been forcibly dispossessed by plaintiff then he filed injuction suit against me
what Supreme court says on this?
Shobhit
08 August 2012 at 23:09
can I institute a suit for specific performance of a sale Agreement of the year 1995 ? Is there any limitation to it? if the Agreement values one lac and seventy thousand where can it be done i.e in which court?
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Possesion of room
My father has bought two separate room i.e. Room No. 7 & 8 in 2000 from two different person on my mother's name & my uncle's name respectively. It is a tenanted property. Owner of the property is Municipal Corporation of Greater Mumbai (M.C.G.M.) and we are the tenant. Formalities of transfer of tenancy from those two persons to My Mother’s name and my uncle’s name was completed by the year 2002 & 2005 respectively, and the MCGM had started issuing rent receipt in the name of my mother and my uncle for room no. 7 & 8 respectively.
Now we don’t have record that my father has made the payment for the above said room. At the time of buying the said property my Uncle was staying with us as he was only 21 years age and not employed anywhere. But in the year 2002 he bought a separate room in a separate society on my aunt’s name and separated from us peacefully and orally surrendered the right of room no. 8 as the payment was made by my father and he never returned or raised the issue of title. And we never tried to transfer the tenancy right as everything was going in good faith. (This was the great mistake from our side.) Rent receipt issued by MCGM & Electric bill issued by BEST for Room No. 8 is still on my Uncle’s name. Payment of Rent is made by me in cash because MCGM doesn’t accept rent by cheque, and the rent receipt which they issue is on my Uncle’s name. Similarly electric bill too is on my uncle’s name but the payment is made by me. Till August 2007 I used to make payment of electric bill by cash but from September 2007 onwards I started making payment of electric bill through cheque. All the rent receipts and electric bills issued by the authorities so far are under my possession.
Ration card issued by Rationing authority for Room No. 8 includes name of My Father and my Grandfather along with my uncle. My father expired in the year 2005. Now in my family we are total three members including my Mother and younger sister and we are in the possession of both the room i.e. Room No. 7 & Room No. 8. Till June 2012 relationship between us and my uncle was very harmonious, but after that it becomes a bit tense. Now my Uncle is asking us to vacate the room which is on his name i.e. Room No. 8 and only use the other room i.e. Room No. 7. The area of each room is about 140 Sq. ft. and it is very difficult for us to accommodate ourselves in room no. 7 only. Thus we don’t want to loose the possession of Room No. 8. Sir my Uncle is now running a good business and earning about 200,000/- per month and having a 2 BHK flat and staying with his family and has made lot of property in last 10 years after separation from us.
Last moth my uncle called up me and threatens me to vacate the Room No. 8, and stared making payment of rent from July 2012 onwards and also warns the Rent collector of MCGM not to take rent from us henceforth. He also sent twice legal notice from his lawyer addressing to my Mother, through registered post but we refused to accept the letter. He is not ready to compromise with us and just want us to vacate the said room. Sir further I would like to state that we are occupying both room since last 12 years and wherever it is required to mention the residential address, we mention both room no. i.e. Room No. 7 & 8 (For Example Bank Pass Books, Mobile Bill, Record in College etc.). Further I would like to state that the other room i.e .Room No. 7 which is on my Mother’s name is undisputed.
Few days back we had approached to some lawyers who advised us to file a case in civil court for seeking stay order against any eviction without waiting for his (Uncle’s) further action, as the party which approached the court first has more chance to win the case. Some Lawyers says that in this case Bombay Rent Act applies and some says that Specific Relief Act 1963 is applicable. In this case owner of the property i.e. MCGM is not the party but we and my uncles is party. Sir though the room no. 8 was bought by my father, we are not interested in the tenancy right of Room No. 8 but we want that nobody should disturbed our possession.
In this case, is it possible that court will award co-possession status for us? Or will order us to vacate the room? Should we initiate legal proceedings against him first? Sir Pleas help us with your valuable suggestion.