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shirish   12 December 2011 at 12:45

Tennacy

House was given on rent for 3 years with rider to renew every 11 months.After 2 yrs tenant was asked to vaccate as he stopped paying rent.Case was filed in civil court were tenant produced a false undated un witnessed recepit of 3 lakhs that a deal was made and amount was paid to my son with a forged sig of my son.City doesnot have rent control act.District court has asked him to vaccate in 2 months which he has not done, further he has filed a appeal in highcourt simulataneously we have filed a caveat.It is unlikely to be prossesed and we may be able to get final evacuation order before any hearing in highcourt. How to proceed and get him evacuated without unlawful means

Anonymous   12 December 2011 at 11:29

My mother's property

Advocate Anirudhji,

I once again thank you very much for your second reply regarding my mother's property.

I fully accept your expert view in my case.
We are living in a period called KALIYUG,
where illegal things and atrocities etc.,
etc.,have become very common.

People desire for others property.

As per your advice I will get in touch
with an Advocate for filing a Partition
Suit, shortly.

In the meantime I request you to please let me know from your view, how much money is required for filing a partition suit.
The present value of the property
is around Rs. 60 lakhs (1,200 sq.feet)
(Rs.4,500/- to Rs. 5,000/- per sq.feet)
Property is at Bangalore.

Please guide me.

Thanks and Regards,

R.M.Asai Kannan
9 9 5 2 9 7 5 4 0 3

Anonymous   11 December 2011 at 23:19

Evidence not provided by the standing counsel

In a demolition case relating to an unauthorized structure the standing counsel has not provided evidence that the regulation request made by the party was rejected.
The junior civil judge in her final judgment vacating the stay given in favor of the party directed the municipal corporation to communicate the rejection to the party.
But the standing counsel has not given the order copy to the corporation authorities.
Through RTI, i have information that the municipal corporation has already sent the rejection letter to the party but the standing counsel for reasons best known to him has not placed it before the court.
The party taking this point to their advantage has now filed a writ petition in the high court that they were not informed about the rejection and the reasons given for rejection.
The party also obtained a stay from the high court in a CRP against the judgment of the VIth Junior Civil Judge, city civil courts and the orders of the IIIrd addl. Chief Judge, city civil courts, dismissing their interim stay.
Are the actions of the standing counsel of the municipal corporation are according to the ethics of the the position bestowed upon him.

Vidhyashankar   11 December 2011 at 22:47

Property settlement - transfer from mother to sons

My mother intends to transfer her property equally to me and my brother. We intend to apply separate loans and construct a 2 floor house - one for each of us.

Now, what is the procedure for settlement. If there are multiple options like Family settlement , Gift deed etc. Which is the right option for the above requirement.

We have a sister. Should she be present during the registration of the settlement.

- Shankar

Anonymous   11 December 2011 at 22:41

Wrong dates given in decree

I am a third party in a case filed by a person against the municipal corporation for an interim stay against a demolition of an unauthorized construction made by them, which was finally dismissed in favor of the corporation by the IIIrd Addl. Chief Judge, city civil courts.
When I applied for a certified copy of the decree and judgment copy, I found a lot of discrepancy in the dates of the decree and also the IA number.
As I am only a third party how can I get the dates and the IA numbers corrected.

TR Madhavan   11 December 2011 at 21:10

Builder's liable to penalty or not?

The builder has not constructed the building as per the approved plan and there was a case in the lower court between the municipality and him which recently went in favour of the municipality. As he is holding the terrace rights, as per law is he not solely responsible for paying penalty fee to the municipality to regularise the construction as well as providing other amenities, safety measures etc as per the technical approval given by the local authority for construction? If yes, please advice further course action.

TR Madhavan   11 December 2011 at 21:04

Flat owners association matter

Duly elected body of an association passed a resolution in the executive committee meeting and filed a consumer dispute in the court in the name of the association and along with other flat owners named in the plaint. The consumer court passed the orders in favour of the association and others named in the case. The opposite party filed an appeal against order before the commission. At this juncture, the newly elected president and secretary of the association having the knowledge of the orders as well as the appeal pending, gives a statement before the police in a complaint filed by the opposite party against the previous two secretaries that, “the previous Secretary along with (19) Flat owners filed a petition before consumer court against the builder. Subsequently, it was handed over to his successor. But till date the successor has not handed over any documents to our association. Our, association is no way concerned with the consumer court case and it is their individual.� As per law is it valid? What further necessary action can be taken against the president and secretary by the individuals named as respondents in the police case?

basavaraj shiromani   11 December 2011 at 17:19

Un registered document.

Sir,
An Un Registered document was impounded in the Civil court and send for the collection of proper stamp duty with penalty. Accordingly, the petition paid the deficit stamp duty along with penalty on the particular instrument. My question is that, after paying the deficit stamp duty and penalty, whether the unregistered document is deemed to be as registered document ? under what provision ? are there any rulings on this point ?

Anonymous   11 December 2011 at 15:01

About partition suit.

i file a partition suit, at the stage of argument of stay application, question aries for pecunary jurisdiction, now the civil court junior division ask me for back my plaint cpc o 7 r 10, but i have option for it to approach dist court u/s cpc sec 24 [5] and transfer it to proper court, b.coz both court is in under of same district and same district judge? which option is reliable for me, in this situtation? o 7 r10 or cpc 24 [5]

varma   11 December 2011 at 13:28

Previous court judgments neccessity

sir,Can anybody give high court/supreme court judgment citations for below case
Vendee/Plantiff filed case for recovery of earnest money stating Vendor had no clear & marketable title under breach of contract
Vendor/defendant defends that his title on immovable property is clear & marketable on basis of adverse possession &there is no need of money given back & Won the case in court.
PLZ sir,its important to me because I am the defendant of my case.IF ANY SUCH TYPE OF PREVIOUS HIGH/SUPREME COURT DECREES,PLZ PROVIDE