Brajendra
28 February 2012 at 01:07
I would like to seek advice from experts on the dispute with my tenant.
I had recently bought a land which I had given on lease for 3 year to a business man (Motorcycle showroom) to use the property as go down to keep motorcycles. The land has 3 division (2 division is owned by me and 3rd division by someone else)with a common gate to enter. The gate basically encroached the government land (road side)which the other owner (who owned the 3rd division)claims to be in his boundary. Before renting the land I was using this gate but now the other owner has restricted me and my tenant to use the gate. My tenant patch up with the adjacent land owner and stopped giving rent to me. Now I am facing problem with
1. My tenant who is using my property and not paying me the rent nor he is vacating? Is there any provision by law to cancel the lease agreement in this situation? Can I collect rent from him for using my property so far and how I can made him vacate my property?
2.The adjacent land owner who is not allowing me to draw boundary between disputed property nor he is allowing to access the gate. I can't open another gate from other side also because of encroachment by group of people who are not ready to vacate.
Kindly suggest me how I should tackle this problem?
Thanks in advance.
vinodkumar
27 February 2012 at 22:17
i file a one partition suit, for agriculture land about 15 acer, my part is 1/6, in my pleading of partition suit, i mention the total value of all agriculture land total 10 acer is rs,35 lakh, my prayer is only for partition, and declaration of my part, and i pay the court fees rs.100 and under gujarat courts fees act2004 sec 6 [15]for share in joint property..for the purpose this clause,if the property in which the share is claimed consists of or includes any land assessed to land revenue for the purpose of agriculture; the value of such land shall be deemed to be the value as determined under clause[13]. for annual survey assesment is remitted a sum computed according to above sec, i pay the stamp duty acording to annual assesment of agriculture land, my part is 1/6 and there for i paid rs.100 court fees stamp, but the defendent lawyer and court ask, me for paid cortfees satmp on total market value of rs. 35 lakh, on my part 1/6 calculate rs 6.50 lakh. what i do sir? any supreme court or high court citation in related my fact which is helping me?
false_case_victim
27 February 2012 at 21:29
Please find the attached Interim stay order document given by High Court,
My question is :
the Granted Stay order is meant for the petitioners or meant for the husband (one of the respondent)?
Why because if you see in the attached document it is displayed that
"High Court may be pleased to grant the stay of all the further proceedings of DVC. No. XXXX"
Hence I request the senior lawyers here to go through the attached document (with this query) and reply what actually high court interim order says...
Rajeev kulshreshtha
27 February 2012 at 19:51
We have filed a contempt application U/s 12 Contempt Act in Munsif Court. Other party objecting it on the ground of jurisdiction of Hon'ble High Court. Please guide that if it can be tried by Munsif Court Or Not. If not what steps we should take in that situation?
Mahendra
27 February 2012 at 19:26
My father has filed an eviction suit in 2008 and the case has been heard at the local civil court in bangalore. He has not recieved rent from the time of filing the suit Is he entiteled to receive arrears of rent? We have been told that we can only file for damages/arrears after culmination of the suit. Cant he receive the arrears during the coarse of the suit?
Mahendra
Sandeep Bhardwaj
27 February 2012 at 19:03
Dear Sir,
I would like to know the essential requirements and procedure of registration for a Notary.Earlier it was required 10 yrs. after registered with Bar council.for applying to be a Notary.Ps clarify.
Thanks & Regards
Sandeep Bhardwaj
a k pandey
27 February 2012 at 18:51
if respondent is not appearing and making one or the other excuses for his absentism,
i.can applicant ask for verification for the excuses made by the respondent?
ii. if excuses found false wether it comes under contempt of court for giving false information to court?
iii. how to ask court to ensure respondents presence on every trial dates?
pawan kumar
27 February 2012 at 17:16
rent eviction case is posted for exparte evidence as defendent neither filed w/s nor appeared what it means. myself being plaintiff will be giving evidence what will defendent do. can he cross question pl. guide what exparte evidence means. will itlead to exparte judgement after exparte evidence
kishore
27 February 2012 at 16:39
Respected Experts,
Kindly consider the following scenario:
Mrs X sold a site to Mrs.Y by means of GPA(in the year 1983).
Before the registration could happen Mrs X died(in the year 2003).
Now Mrs.Y wants to gift the site to her son Y1 and effects a gift deed in favour of Y1(in the year 2012)
Aditional information:
Mrs X has children who would like to evict Y1 as the property value has gone up.
Mrs X has also given a acknowledgement of posession by Mrs Y.
Mrs Y and son Y1 have the posession of the property and are residing there from 1983 till date.
Query?
Would anyone be able to evict Y1 from the site?
Would Y1 be able to sell the property to a third party?
Thanks & Regards,
Kishore
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How to buy a lease land from a land lord.
Hi, If Mr.A is willing to purchase a vacant land from the landlord which is leased to some one for 30 years and the lease expires on Jan/2034.
The land lord says that he will give a Irrevocable power to A name and signs the sale deed with the value of land and it can be registered only after the expiry of lease.
OR
Kindly suggest whether Mr. A can buy and register the land on his name before the expiry of lease.
Pl Note: There is no condition stated in the lease agreement about the sale of land.
Kindly suggest what is the solution to go with Landlord or A or there is any other way
Thank you.