K.K.Ganguly
06 January 2012 at 19:59
Would the Ld. Experts kindly opine on the following matter.
1) My client is a tenant of a house by virtue of a tenancy agreement, which was afterwards mortgaged by the landlord with a Bank creating security interest on it for taking loan, without my client’s knowledge.
2) The loan was not paid by the landlord & the Bank issued notices u/s 13(2) & 13(4) of SARFAESI Act, 2002 and the Authorised Officer of the Bank visited the mortgaged premises for taking possession from whom my client came to know about the said loan taken by the landlord of which he was not aware.
3) My client went to court & got stay order against his dispossession from his tenanted premises (which has been mortgaged by the landlord) by the Bank without due process of law.
4) Copies of the above ad-interim injunction order was sent to the DM, local police Station & also the Bank to ensure that no dispossession of my client is made by the Bank by applying to the DM u/s14 of SARFAESI Act, 2002.
5) The Bank, which is a private Bank, suppressed the fact of the stay order, paid bribe & fraudulently got order from DM u/s14 of SARFAESI Act, 2002 to take possession of the said mortgaged tenanted premises & forcibly dispossessed my client with family from their said tenanted premises.
6) After this we wrote letters to the Bank, DM & local police station further informing about the stay & demanded back the possession of the premises but in vein.
7) We have then filed W.P in Kolkata High Court who asked us to go to DRT & DRT said that it is not interfering in the stay order passed by the Civil Court. The case is still pending at DRT.
8) We now heard that the property has been sold to a broker in a private treaty without informing my client & the broker has taken possession of the premises & put a sign board showing his name.
9) I have now filed an application before the same civil court (who had given the said ad-interim stay order) u/s151 of CPC asking for restoration of the possession of the premises.(4 months have passed after the said violation of stay order). I have deferred filing of Contempt of Court case since it will not give immediate restoration of possession of the premises to my client. The date of hearing is on 10.01.2012 & I want to site few references of Court Decisions regarding orders for restoration of possessions after being dispossessed.
I shall be much obliged if the Ld. Experts
a) kindly inform about few relevant court decisions in similar matters when possession to the tenant has been restored by Hon’ble Court after possession been taken by Banks after violating the stay order &
b) kindly suggest any better move to ensure that the possession can be immediately restored to my client.
Thanks in advance.
mahesan
06 January 2012 at 18:56
property situated tamilnadu
Hindu father and his minor son (Guardian mother) partitioned their ancestral properties in the year of 1983, without two daughters? Daughters what share entitled? Daughters married after the year of 1989.
Anonymous
06 January 2012 at 18:08
I want to know that what was the rate of interest from 2003 to 2008 in gujarat as per The Bombayy Money lending Act. If any circular about this please provide.
VENKATESH HEGDE
06 January 2012 at 16:53
Dear Experts,
I have a confusion regarding the territorial jurisdiction of institution of suit. If a suit for money recovery from the company against the franchise in another state where is the right place? These are some of the facts :
1. Corporate office is Bangalore.Regional office is Ernakulum. According to the franchise Agreement Arbitration Clause is there & place of jurisdiction is Bangalore only.
2. Franchise is defaulter, in such cases company can file the money recovery suit against that franchise directly in place of business Bangalore/ Ernakulum ? or file a petition as per the Arbitration Act to appoint as arbitrator in Bangalore Court?
3. If company files recovery suit in Ernakulum court hiding that arbitration clause & it is not questioned by the defendant because of the jurisdiction is Bangalore,than whats is the legal consequences?
samuel
06 January 2012 at 14:27
My father purchased 48.4 cents of land, 24 cent in my name and the remaining in my brother's name. It is rectangle in shape. It has access to one road 36 feet wide in one of its side and another road 10 feet wide in the opposite side. The portion of the land that has access to both roads is purchased in my brother's name. In the document for the land purchased for me, there is a statement that I have right for ingress and egress to my property through both of these roads. If I should access any of these roads the only way is through my brothers property. But the width of the path for ingress and egress is not mentioned. There is also a statement in the document that states sold for Rs 1,68,100/- market value Rs 1,77,825/-. value of the property including value of right to path of Rs 100/- is Rs 1,77,825/-. I would like to know the following things.
1. How much width of path in my brother's property I have right to utilize for ingress and egress to the two roads?
2. Is it also utilizable by my brother or can I fence the path alongwith my property?
jayesh
06 January 2012 at 13:33
Hospital is giving cashless facility to patient. But in some cases, TPA(working on behalf of insurance co) denied payment and in some cases, made wrong deductions. What are the legal remedies against TPA ? Can we go to IRDA ? or other judicial authority ? How ?
Anonymous
06 January 2012 at 13:06
How the rate of stamp paper is calculated in case of succession certificate.
Is there any act which provides the rate?
Is it different in various states??
Anonymous
06 January 2012 at 13:01
Is Affidavit of Exam in Chief taken on court's record as evidence?
Gift of property is allowed to the blood relatives; but the questions is whether the donor/donee will be required to pay court fee on it? if so, how much? Which one is better a sale deed or a gift deed?
Ajay Kumar Reddy
06 January 2012 at 12:30
Please provide the help on property matter, My ex- wife is entered in my house before divorce after breaking the lock. At that time I have given the complaint to the Police. But that time Police has told that she is your’s legal wife so they cannot take any action against her. I have given the divorce legally from Family court on cruelty basis on 15th April & then she has appealed to HC, Bilaspur of Chhattishgarh State. I won that divorce case in HC also. I want to know following things:-
1. There is any ruling that she can claim my house after divorce? She is working so she is not getting any maintenance from court.
2. I am having two children, they are residing along with my ex- wife, weather she can claim my house for them? That house is purchased by my money and at present I am paying EMI for that house.
3. Weather there is any citation in which clearly mentioned that after divorce ex-wife can not stay in ex-husband property.
Ajay Reddy
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Whether change in cat members affect the final judgment
I filed case aginst the big Institute in which the organisation has offerd the post to one candidate in year 2006 without any notification, without conducting selction process and without Giving any Opportunity to other candidates including me( when I worked there on adhoc basis).
I have made the employee as party and argued the matter in person and relied upon the judgements given by apex court which has categorically has said that subsequent post cannot be filled the filled from the exhausted panel and all fresh vacancies needs to be advertised
The lerned counsel of the respondent organisation has submitted that the Pvt respondent has not filed the reply and neess to be adjourned..The Bench rejected the plea and thereafter has falsely submitted that employee was appointed aginst the notified post which was agin rejected as I had attached the true copy of the recruitment file.....Therafter, the bech has passed an order and affirmed that employee was appointed aginst non notified posta and has not undergone any selction process and has given 2 days time to bring records before Bench or seek instructions after verification of records..The matter is now listed agin but the Hon'ble members has now been changed whether change of members will affect the final Judgment???