Ramakant Tiwari
01 July 2012 at 12:37
Dear Sir / Madam,
My self Ramakant Shashikant Tiwari, want to that we have a Room (10*12) in wagle estate thane, which was given to tenant who was residing before 1995, and he has sub-letted room to one of sub tenant, from who was he was taking 1500 RS / month and were paying to me only 100 rs. Hence I called him with some neighbour for settlement of the same as my family grews up and we have no place for accomodation. Then finally he agree to do so and taken 40,000 RS in front of my neigh bour and hence he therefore given possession of the said Room to me peacefully in front of my neigh bour, who has been witnessed.
After 2 months, he came to me and said to vacate my Room, I told already we have settled the same but still he was not ready to listen and went to nearest police station and filed a suit against me and my son about that we have broken the lock, and taken all his ornaments and taken possesion of said Room forcefully, Police officials come to me and said regarding the same, then he they have arrested us and taken to nearest Police Station then after we relese on bail from Hon Thane Court, after three years no evidence was found and we release from District Court, But the opposite party same time has filed a case under section Special relief Act.
Now we loose the case filed by him in Thane Jr Division under Special Relief ACT, and now he has filed for possession of the said Room as at present possession is with me
Within the certain period in which I was suppossed to file the suit against the judgement given by Jr Division thane, I have filed in Bombay High Court under Civil Revision Application and now query is that whether i will get stay from Hon High Court to retain the possession and let me the grounds under which I should get the stay order for same.
Please reply as it's very urgent
Thanks and Regards
Ramakant Shashikant Tiwari
MO: 08433466055
Ramakant Tiwari
01 July 2012 at 12:32
Dear Sir / Madam,
Please let me know that i have loose a case under special reief act in jr division, thane court and i have file for the same under civil revision application inbombay high court,
The opponent party has filed in thane court for possession of property which is currently with me as he filed against us under criminal law that we have broken up the locks and stoled all his ornaments , but as there was no evidence so far, we have been released by hon court from thane.
Now please let me know the grounds on which i can get stay order from Bombay High Court to retain possession for the same.
varma
01 July 2012 at 11:31
)whether sale deed requires signature of true owner also along with GPA holder
2)If purchaser brought property fro GPA holder with out signature of true owner in sale deed,then purchaser can get absolute Title on propety
3)In above case2, if true owner had died & legal heir of true owner had challenged the sale deed in court on purchase,then court may ask signature of true owner along with GPA holder.
Sudhin2218
01 July 2012 at 10:44
Hi,
I've a scenario, where defendant marked an unregistered GPA with Affidavit. Since its an unregistered Document, hence Hon'ble Sr. Judge ordered to pay a stamp duty of 90 Thousand Rupees.
My Question is .. Normally How much time (breathing period) defendant get to pay that stamp duty to the Court? Any idea.. ?
B Guru Murthy
30 June 2012 at 22:57
If a lawyer acting for the Petitioner also empanelled as a lawyer on the opposite side for a Co-Respondent which remains ex parte wilfully.
(i) will it come under the conflict of interest for the concerned lawyer
(ii) If yes, how to expose it and bring the said conflict of interest on record
( since Co-Responent remains ex parte)
Add’nal Info:
In the same court in other similar case the very same Co-Respondent had filed a similar case against another Respondent and the very same lawyer is holding brief for the Petitioner (Co-Respondent) in earlier case.
This classification is being sought on prof’nal ethics & conflict of interest as applicable to lawyer.
mukesh jain
30 June 2012 at 18:11
my father purchased a property and registered in our mothers name. payment was made through my fathers a/c cheque in 1967.it is mentioned in the registry of the land.our father died without will, the same property is still in the name of our fathers name in revenu record and nagar nigam. can i or my childrens,can claim our partition. i am residing in the same house with my family and three brothers.or what is my legal status.
deepak
30 June 2012 at 16:43
Notice under xxi rule 22 served for exitcution asked for rule 32(1) (Civil Law)
This query is : Open
Author : deepak
Posted On 25 June 2012 at 12:28
"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER.I have prove as a manager or employee First appeal in highcourt is CONDITION stay TO PAY arrears XYZ within eight weeks.(ie)30,April 2012.stay will be continue to pay royalty every mouth.Apellant has not paid the arrears XYZ.amount.Still today,, CIVIL COURT I HAVE FILE EXECUTION OF A DECREE UNDER C.P.C .32(A).there I get the order,1)THE EXECUTION APPLICATION IS ALLOWED. 2)ISSUE WARRANT OF ATTACHMENT U/O.21 RULE 32 OF THE CODE OF CIVIL PROCEDURE IN RESPECT OF MOVABLE PROPERTY OF THE DEFENDANT NO.2 AND THE RESPONDENTS LYING IN THE SUIT PREMISES SHOP.Q)1 I HAVE A SERVANT & I WANT TO REMOVE FROM THE JOB AND I GET JUDGMENT STOP WORKING, THAT MEAN HE WILL NOT WORK BUT REMAIN IN MY PREMISES.HOW CAN I CAN REMOVE FROM MY PREMISES? WHEN HE HAS NO INDEPENDENT CAPACITY AS TENANT.WHAT ORDER C.P.C. SO THAT I CAN REMOVE ?CAN ORDER CAN MODIFY ,HOW?
Anonymous
30 June 2012 at 15:47
WE HAD THREE SISTERS AND THREE BROTHERS.
AT THE TIME OF FATHER DEATH WE HAD 3BROTHERS, TWO SISTER AND MOTHER.
NO ANY WILL DONE BY OUR FATHER.
WE NEED TO KNOW THE SHARES OF OUR GRANDFATHERS AGRICLTURAL LAND
BR.
AYESHA KHANAM
Ramesh
30 June 2012 at 12:14
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family family my grand father had given an inam land on a permanent lease to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Ac7-07 guntas, which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised for 60/40 in favour of litigant.The compromise deed is signed by the GPA holder(who he is not authorised; not mentioned in the GPA,given to him).
Thanking you ALL,in advance.
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