sridhar pasumarthy
02 December 2011 at 07:04
Respected Experts,
X is the owner of a building consisting of 5 portions. X let out the same to different tenants for residential purpose.
Y, the brother of X, used to cause inconvenience to the tenants by locking the main enterance of the building etc. and thereby the tenants vacated the premises due to which, X was deprived of monthly rents.
X filed a suit for mandatory injunction and got the lock (inconvenience) removed through process of law.
X also filed another suit against Y claiming damages for 3 years for loss of rents resulted due to unlawful acts of Y.
In fact, X again leased out the said portions to new tenants and is deriving rents. But, Y has no material to prove the same.
My questions are :-
a. whether X is entitled for such type of damages for the single unlawful act committed by Y?
b. If so, how long can he claim damages like this?
c. Is Y liable to compensate X continuously till he proves that X leased out the said portions to new tenants?
d. Is there any way for Y to escape from liability?
pls provide relevant legal propositions and citations, if any.
So many thanks for reply, in advance.
Anonymous
01 December 2011 at 23:39
Can a close matternal relative as a legal guardian of minor's property (house)reconstruct the house on the behalf of the minor but by his/her own fund? Is the court permission neccessory for this work?
Anonymous
01 December 2011 at 22:31
Case Facts as follows:
Property is in Rajasthan....
Dispute regarding Adverse Possession against government
Art 112 of Limitation act (period of 30 years against government. adverse possession)
Property was Agriculture Land and of Bella nam Sarkar(means not registered on any one) and govt. transferred said property to Urban Improvement Trust(Govt. Body) and converted in urban land ..
but land is in possession since 1959..by Mr X.
X has improved that land and done construction on that land and also make some garden and shops..
1. X has files suit of prohibitory injunction in year 2005 against govt.
2. suit was dismissed in year 2010
3. Mr X. file an appeal which is pending before appellate court
Now question::::
1. Can X file a suit of declaratory on the basis of adverse possession ?
2. Is there is a restriction of Order 2 Rule 2 CPC???
Since prohibitory injunction was already dismissed and of which appeal is pending and now to file fresh suit of declaratory injunction
3. Another thing is that one document is recovered while not available during previous case proceedings regarding the adverse possession and improvement done in property by Mr. X.
admission of new facts....
Anonymous
01 December 2011 at 22:29
Case Facts as follows:
Property is in Rajasthan....
Dispute regarding Adverse Possession against government
Art 112 of Limitation act (period of 30 years against government. adverse possession)
Property was Agriculture Land and of Bella nam Sarkar(means not registered on any one) and govt. transferred said property to Urban Improvement Trust(Govt. Body) and converted in urban land ..
but land is in possession since 1959..by Mr X.
X has improved that land and done construction on that land and also make some garden and shops..
1. X has files suit of prohibitory injunction in year 2005 against govt.
2. suit was dismissed in year 2010
3. Mr X. file an appeal which is pending before appellate court
Now question::::
1. Can X file a suit of declaratory on the basis of adverse possession ?
2. Is there is a restriction of Order 2 Rule 2 CPC???
Since prohibitory injunction was already dismissed and of which appeal is pending and now to file fresh suit of declaratory injunction
3. Another thing is that one document is recovered while not available during previous case proceedings regarding the adverse possession and improvement done in property by Mr. X.
admission of new facts....
Please Advise
Ali Hassan Mirza
01 December 2011 at 20:16
Recently, our apartment had conducted general body meeting and election's after a span of more then 2years and 8 months. The managing committee had flouted many rules and regulations that are mentioned in the Bye- laws of our building. Now, I seek some clarifications and expert advice regarding the elections of the society:
1. What is the eligibility of election officer and powers of election officer to conduct elections in apartment?(the election officer appointed by managing committee is an advocate and also a resident of the same apartment)
2. The present committee's term had expired in the month of 31st April,2011 but they continued their term and held their office till November 2011 without seeking extension from registrar of societies. Even after expiry of term, the committee carried out several extensive and expensive works under the veil of maintenance and development. Is this appropriate and if not then how and where should it be challenged and under which law? (please provide Me with Acts and rules)
3. Some of the residents of society opposed the actions of managing committee on the date of elections and elections got cancelled and the some among opposing members formed a INTERIM COMMITTEE on the same day to represent before the GOVT., BANKS and to conduct elections in a legal manner. Now the previous defunct managing committee filed false police complaints against the INTERIM COMMITTEE and other residents and has also filed a caveat in senior civil judge basing on false allegations against the INTERIM COMMITTEE. what is the remedy and under what Act or under which law are they empowered to file such cases?
PLEASE REPLY AS SOON AS POSSIBLE.....
selvaganesh
01 December 2011 at 19:44
Am from Tamilnadu, due to my parents mistake, my community is mentioned as BC in all my certificates and also got a community certificate for BC. Now I need to change my community to FC. Even I did'nt enjoyed any of the benefits using the BC community certificate. Kindly guide me the procedure to get it done.
varma
01 December 2011 at 17:40
Me & my sister got 232 sq yd land with building & 220 sq yd land with building through registered WILL deed that was written by my mother & register in sub register office in year 1998 & she died on year 1999.My sister sold her shared property in year 2000 to outsider by an amount of Rs 8,50,000.Now I want to file for declaratory suit for title decalration of my shared property on my sister who is denying my Title.Now my property value is 31,20,000.My question is
1)Can I show market value in court of my sister sale deed of Rs 8,50,000 which she sold on basis of WILL DEED .If this is case my property value is 9,00,000.
2)If not,latest valuation of property. i.e 31,20,000 for year 2011
Anonymous
01 December 2011 at 17:10
My query is about selling the plot/house with more area than what he has in the documents and purchaser’s claim of easement right. Details of the case with diagram (attached file) are following.
A plot ‘P’ in which two houses/buildings were situated was owned by ‘V’. First, in 1980, he sell half part of the first house ‘Q’ (a b c d – sale deed shows as area 600 sq ft without mentioning length and width) to W After that he sells other half part ‘R’ to ‘X’. Second house/building ‘P1’ (constructed area e f i j and open area i j g h) retain for himself. In 1993, ‘W’ sells the house ‘Q’ to ‘Y’. In the sale deed area was mentioned as 800 sq ft (more than 600 sq ft, what he had purchased from ‘V’), length 40 ft and width 30 ft as diagram a1 b c d1 (however map/diagram was not attached /mentioned). No any reason was given for excess area and length. Contradictory to this fact a statement by the seller W in the sale deed is exist – I (‘W’) am selling the same house to ‘Y’ which I had purchased from ‘V’, and another statement … whatever rights and uses I have is being transfer to Y also exist. Y reconstructed the house ‘Q’ as a b c d2 with covering additional area a d d2 and sifted the service lane toward ‘V’s open area. In 2005, ‘V’ sell the house ‘P1’ (e f g h - constructed area e f I j with open area i j g h) to ‘Z’. The lane is not mentioned in ‘W’s sale deed, in ‘Y’s deed it mentioned as – exit meets ahead to the lane/passage but in ‘X’ and ‘Z’s it mentioned as 4 ft wide. In the ‘Z’s sale deed map (najari naksha) is attached and lane is outlined as triangular as in diagram.
Now, ‘Z’ is reconstructing the house ‘P1’ as covered area e f i1 j1 and open area i1 j1 g h, but ‘Y’ objecting to any construction beyond k l line. He filled a false easement right suit/case showing k l m n as disputed area and claiming that – this area was always in his use and before him it was in previous owner ‘W’. My questions are –
1 – Is the ‘Y’s sale deed valid while contradictory facts and statements are exists in the sale deed as mentioned above and what may be consequences if ‘Z’ raises questions about that?
2 – Can ‘Y’ get some supports from the excess area mentioned, and statement- whatever rights and uses I (‘W’) have is being transfer to ‘Y’, in the sale deed, for his easement right claim.
M. R. Khan
01 December 2011 at 17:06
D/Experts,
I want to file a petition for the grant of “Probate” of the will, as the will is in my favour and correctly made by my father according to Muslim Law and my sister(1)/brother(1) are not giving NOC. For this shall i have to pay stamp duty, i.e. equal to Sale deed, to get the mutation done by my name?
Thx. and Regds.
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Limitation for counter-claim
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