Ramasamy
28 November 2011 at 00:01
Dear Sir,
In a suit for declaration of title and for permanent injunction from disturbing his peaceful possession against two defendants, the second defendant set exparte, but in fact the second defendant only holding the possession of the suit property even prior to the filing of this suit and to till date.
But the said second defendant has no title in his favour.
At last after full trial the suit was decreed by declaring the plaintiff’s title and granted a permanent injunction thereby restraining the defendants from causing disturbances to the plaintiff’s possession.
The trial court while granting injunction, confirming the possession of the plaintiff by applying decades-old Madras HC judgment which held that, “So far as the question of possession is concerned, it is indisputable that if the plaintiff is entitled to immovable property and possession thereof and the property sued for is such that actual or effective enjoyment of it by taking produce is not possible, possession will be presumed to be with the person who has the title”.
But the said second defendant is occupying the suit property since 1974 to till date.
Under these circumstances whether the said second defendant can do the following acts:
(a) Whether he can claim adverse possession on the suit property; and
(b) Whether he can seek for cancellation of the said decree reg. with respect of confirming the plaintiff’s possession on invoking presumption of possession follows tittle;
Kindly advise me.
Thanks in advance to the learned Experts.
DJPoint
27 November 2011 at 23:45
Hi,
This is real incident that happened last year with one of my friends.
Person A owed some money to person B for which he had given a receipt to person B, and in order to not to return that money to person B, person A on gunpoint asked person B to write him two cheques for 1 million each, sign a pronote for the collective amount of those cheques, and a also sign a stamp paper agreement according to which person B had obtained a loan of 2 million from person A.
The pronote was without stamps on it.
Person A threatened person B with dire consequences if he told anyone about this incident. Person B was afraid for his family and kept silent, but he quietly told his bank to stop whole of his chequebook citing the reason that he had dropped his wallet which also had the chequebook in it. The bank issued stop payment order on all of his cheques, and gave person B a bank certificate stating that bank had received a request from person B on such date and that the bank had cancelled his chequebook on that date and time.
After three months Person A started to blackmail person B for the money, and when person B refused to comply to the blackmails, person A got those cheques dishonored from the banks, and registered two FIRs against person B.
Person B stated his version to the police who then asked person A to prove that he gave money to person B and asked him to give his bank details but person A wasn't able to prove that he was financially that much stable and that he had 2 million in his bank accounts that he had given to person B. He had only 300,000 in his bank account for the past two years, so police submitted a report that person B was innocent but they were sending him to judicial remand in jail as he had his original signatures on the cheques.
The bank had given the reason for dishonour of the cheques as "Stop Payment".
Police then submitted person B's challan to the trial court. Person B got his post arrest bail after 5 months, and now the trial is in the trial court.
Now person A filed civil suit for the recovery of money against those two cheques, and then affixed stamps on the pronote and made it a part of that suit as a further evidence to strengthen his suit. The affixed stamps does not contain any signatures of the person B for cancelling them since they had been affixed by person A recently for filing this civil suit.
Now my question is how my friend person B can now defend himself against this civil suit?
Did person A committed forgery by affixing stamps on the pronote, and presenting it to the court in this civil suit?
Person A won't be able to prove "Consideration" in this suit but our lawyer told us that if person B admits his signatures on the cheques, then court is not bound to ask the plaintiff to prove the consideration as on seeing our admittance of the execution of cheques,irrespective of the version we give to the court, the court will presume that consideration had been present.
So how can we tie person A's consideration proof with our acceptance of execution?
What will be the best strategy to go with in this kind of situation?
Thanks for your advice.
Anonymous
27 November 2011 at 22:31
in one hrp x party decree, a owner file execution petition now the tenant file a stay application and restoration application against a decree, the court order fix for hearing all application and urgent show cause notice to oppnents.now the execution court can adjourn the execution petition till the next hearing on stay application. under which section we apply in execution court for that or any supreme court authority for that. when we challenge x party decree than execution court should stop there further procedings? pls. reply me sir
Anonymous
27 November 2011 at 21:39
A Title suit was filed in a lower court along with a misc petition for ordering interim injunction on the property asked to be partitioned.An interim injunction was orderd by Lower court but the order was not served to opp party.Now it seems that stamp duty was not paid on the TS and a notice is likely to be issued.Pl let us know how the stamp duty to be calculated and how it is be paid in the court in the court wile the petitioner is living in another city.If no notice is not received by the petitioner what will happen to the TS. kindly advize.
siri
27 November 2011 at 19:08
sir,Actually I was defendant(vendor) in one case.I also won that case against plantiff(vendee) who filed case on me for recovery of money suit of Rs 25000 from me stating that I am not absolute ownership of my property as pee sale agreement terms & conditions b/w us.AT that time i strongly defend that I am absolute owner & so there is no need of return of earnest money by submitting evidence that had with me.By listening our 2 side arguments & with available evidence Court decreed in my favour i.e it cancelled the filed case of Plantiff agaist me.Now my question is
1)Actually I am not prayed for Title declaration but I win case against plantiff i.e vendee.So now can I use this court decree as Title document for me that is I can show it as I had abslute ownership
Anonymous
27 November 2011 at 17:48
can any application be entertained by trial court at the stage of PE .
can any application be entertained by trial court if the matter is put up for adducing evidence
Any case law
Sriram
27 November 2011 at 14:23
Hi, I am staying in a appartment at Thane and very recently the Consumer Forum Judge passed an order in favour of the Society against the builder and have asked him to complete the conveyance formalities in next seven days.
As i understand from the Advocate appointed by the Soceity, he informed that the Members of the Society have to bear the expenses for getting the property transferred in the society name. He has informed us the approx amount invoved for Stamp Duty and Registration of the land in the Soceity's favour.
Our society has flats of four different areas i.e. 605sft, 880sft, 620sft and 610 sft. The Municipal tax for these flats are paid by individual owners of the flats since the inception of the soceity.
Now for the conveyance registration the Advocate has adviced the Secratary of the Society to collect the contribution based on the SFT area of their flat.
My question is, since it is a land conveyance, why should the contribution be based on the flat SFT, As such the individual flat owners have already paid for the stamp duty and registration of their individual flats and the conveyance is related to the complete building and all the members and hence it should be i feel it should be the area of conveyance divided by the number of Flats?
Can some one guide and let me know the correct contribution?
Since the matter is URGENT it would be highly appreciated if i get an answer in a day or two.
Regards,
Sriram Vishwanath
saaniya
27 November 2011 at 12:13
hi,
If there is no will ,after the death of the father if he dont have sons only girls ,then can the girls claim for property ,
karan
27 November 2011 at 11:39
We staff members recently won in the Punjab and Haryana High Court in a case regarding Pay Scales(Double Bench). Department went to same court to get time and got 3 months, earlier time was for 3 months for the revision of scales. Before the lapse of time the Department again filed review petition in the Punjab and Haryana High Court which was dismissed by the court commenting "the time given by the court was utilized for preparing SLP and filing review petition". Our concern is that the Department will go to Supreme Court. We have also filed Caveat there. Points are:
1. How much time they have now as their extended 3 months time have lapsed on 31st October.(review petition was dismissed on 6th November).
2. What are the chances that the SLP will be filed successfully in the Supreme Court.
3. What other preventive measures we can take in these circumstances.
Regards to all.
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Finality of decree in partition suit
Sir,
I am holding preliminary decree in my favour from High Court in the partition suit contested against forged WILL created by my sister. My sister who filed SLP and Review petition in Supreme Court was dismissed and high court judgement became final. I filed for final decree in the trial court on the basis of High Court Decree for 2/3 rd share. My sister unable to obtain any stay after dismissal of SLP and review petition, with ill motive and malafide intention second time in the same suit created a false and bogus unregistered relinquishment deed to stall my final decree in the trial court. I objected for marking of the documents in the court filed by my sister. My question is when there is a decree from the High Court and confirmed by the Supreme Court in my favour for partition can my sister stall the proceedings in the trial court by a forged and bogus relinquishment deed second time.Can a decree holder be prohibited from proceedings for final decree in the partition suit. Whether my final decree proceedings will be stalled till the unregistered bogus relinquishment deed is decided by the Court. What is legal remedy to be pursued in the such situation. Can abuse of process of law be applicable in this case.
Kindly enlighten me on the above.
Thanking you,
Yours faithfully,
MSN