Anonymous
03 September 2011 at 17:17
I had a shop taken on Pagdi System in a chawl in 1984 which is now declared as slum area.I used to pay the rent to the landlord When I came to know that my shop falls in the declared slum area I didnot pay the rent to the landlord as the landlord is encrocher on collectors land and I am staying there before 1995. Now the Landlord is threatning that he will throw out my belongings and put a lock on the shop. Please suggest what action can I take to protect my possession from the landlord?
B.V.V.N.D.Prasad
03 September 2011 at 14:44
Originally the tiled house of 3 portions facing to west side is having lane of 1’-6” width at southern side. In the year 1933 one portion (Northern side) out of 3 has purchased by great grandmother of my wife.
Schedule of property in the above document is
i)House 12’-0” X 48’-0” = 64.66 Sqyds.,
ii) 1/3 share of common lane (Southern side) 1’-6” X 4’-0”= 2.65 Sqyds.,
Total = 67.31 Sqyds.,
and provided Easementary Rights providing 3’-0” width rear side (Eastern side ) of remaining portions (2) to reach the inmates in to common lane at southern side through this lane 3’-0” width providing rear side. Subsequently the remaining 2 portions sold to Smt. Yerramma in the year 1937. In the seal deed of 1937 the Easementary rights of earlier portion that was sold in 1933 clearly mentioned by the seller.
Subsequently in year 1993 due to disputes in family of great grandmother the house was placed in auction, In auction notification it is mentioned as area of building is 67.00 Sqyds with all Easementary Rights of the house that had.
My wife with having affection on great grandmother she purchased house in the auction in year 1993. The court receiver prepared document without mention clearly the previous schedule of the house. He mentioned the area of house as 67.00 Sqyds., with normal Easementary Rights, without mention 1/3 share of southern side lane and Easementary Rights over the lane of rear side of balance 2 houses.
We have provided Municipal tap line after purchasing in 1993 to our house and it passes through southern side common lane and 3’-0” wide rear side lane and also a small drain is passing through 3’-0” lane provided for easement and it passes through southern side common lane, we are being used the same drain to dispose of sullage water of inmates of our house.
Now recently the grand daughter who acquired the property of balance 2 houses through gift from Smt.Yerramma. Where in the gift deed Easementary Rights over 3’-0” wide passage not furnished by the donor wantonly got the injection order by showing the sale deed of our house which was registered by the court receiver and showing the gift deed, without showing the documents 1937 and 1933 and they have constructed a 3’-0” width wall across the 3’-0” passage and concrete plug was put in the small drain.
Now the dispute is in the Hon’ble Court
Let me know whether the old documents can be useful to prove our Rights even those document prepared by the receiver not specifically mentioned the Easementary Rights over rear 3’-0” wide passage.
Anonymous
03 September 2011 at 09:51
which writ is appropriate mandamised certorari or certorirified manadamus against the order of the landdgrabbing which passed an judgment is not calling the respondents as landgrabbers but at same time saying the respondents as landgraqbbers.
Anonymous
03 September 2011 at 08:00
R/Experts
I met with an accident Itfaqia without any fault of driver of vehicle which struck me by chance.i got admitted for 15 days and have to undergone two operation,but i have no any kind of Permanent or temporary disability certificate,can i file petition us 163 A of MV act.I cannt file petition us 166 bcoz i got registered only itfaqia (By chance,without fault of any body)RAPAT in police station in which name of driver and vehicle no. which hit me is mentioned.Kindky advice.Regards
Omparkash
VIJAY K. TEOTIA
02 September 2011 at 21:57
A party filed civil suit in Bangalore for injunction and damages for alleged using similar trade mark. The court before proceeding further transferred the matter to mediation centre.
My question is how long the the mediation centre can hold the matter in the event of non appearence of respondent. further if the respondent do not appear in mediation, what will be the further proceeding and what effect it will have in the regular suit if case is remanded back to regular court failing mediation. we are respondent in the matter.
jitender pawaria
02 September 2011 at 21:09
It was very enjoyable to discuss my problems with you. Now i have one more problem which i face :-
I filed a reference u/s 18 of LAC Act. Land owner ready to withdraw the amount under protest at the time of award announce by Ld. collector but he not release the award amount to land owner under protest. During pendency of reference i filed an application u/s 31(2) read with sec. 34 for issuing direction to Ld. collector to deposit the award amount with interest till date of releasing the amount in the court because Ld. collector not deposit the award amount in the court with reference u/s 18 of the Act.
Ld. Refrence court allowed my application but despite that Ld. Collector only deposit the award amount without interest.
Now my question can this interim order of my application deemed to be decree and can i filed execution of that order. because sec. 54 of the Act saying all proving of c.p.c are applicable on the proceeding under LAC Act.
Anonymous
02 September 2011 at 19:28
We have filed a W.P in the high court for demolition of an unauthorized and illegal consruction being made by one of the flat owners in the common area of our flats, and the Muncipal corporation for failing to take action against our complaints.
The said flat owner has filed a W.P aginst the Muncipal Corporation in the high court stating that the Corporation has not followed the procedure of issuing the notice and asking them to demolish the structure.
Both the said W.P have been clubbed and both the pettions are pending in the high court.
Meanwhile, the said flat owner filed an I.A against the Muncipal Corporation in the court of Junior Civil Judge and Obtained an Interim Order, which was subseqently expunged.
Aggreieved, they approached the Add. Chief Judge and obtined a status quo in a C.M.A, which was latter dissmissed.
Again the said flat owner approached the high court in a C.R.P and again obtained a interim order.
As we are not the party to the I.A & the C.M.A. our lawyers say that we cannot implead in the case, and when we asked them to get the W.P and C.R.P to be clubbed, they say it cannot be done as the plea of the said flat owner is different in the C.R.P.
Our plea is as the occurence of the I.A, the C.M.A and the C.R.P has been filed due to our original W.P filed in the PHigh Court.
Are there any cases where the C.R.P and the W.P are clubbed even though we are not a party to the C.R.P. If so, can you please give it so that I can give the information to our lawyer.
Anonymous
02 September 2011 at 17:44
Respected experts,
Is law of limitation is applicable to suit for specific performance.
Fact of case -
Agreement of Sale executed by plaintiff's father in the year 1996. Condition is Sale deed must be executed within one year. Plaintiff's father expired after 9 months. The suit was filed by plaintiff in the year 2003. whether the suit is barred by limitation?
Anonymous
02 September 2011 at 15:17
I am posting my problem here please advise me what to do?
1.My grand father has self acquired property of 300 sq yard. We have an joint family. My father has expired in 1999 and than My grand father has also been expired in 2005. And he has 4 sons and 4 daughters.
2.one of my uncle has taken his share at the time of my grand fa.
3.Now we are 3 families in this house 1. My uncle (chacha ji) his wife and 1 son of 25 years old. And 2nd my grand mother and my uncle who has no family staying and 3rd my family me, my mom, and 1 younger brother who is paralyses patient 50% disable also mentally not developed according to his age 25 years.
4. My mother is a house wife of 50 years, I am the only earning hand I am 28 years old. 1 sister is married in 2005. Now have nothing with us other than this house.
5.After my father and grand fs Death one of my uncle and my grand mother forces us to go out from the house or want to give a small share which is not enough to survive. We are staying in 63 sq yard portion 2 room, kitchen, bathroom set from last 30 years.
6.but now my uncle wants to grab the whole house and my grand ma also wants to do so, as my father is not there and brother is disable. They are showing a will in which we are getting 40 sq yard which is never discussed by my grand fa . He told us that this portion is yours and nobody can take this from you.
7. we had filed a case on the bases of possession on may 2010. But till now we have got an interim only. We did nt get stay over the portion.
8. They always use abusive language and also interfere a lot in our portion as there is no wall at all.so, we also did police complaint against them.
Now, plz suggest what we should do, and what law says in these conditions. how can I protect my mother and brother. ??????????
Plz help
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Civil contempt application u/s 12
RESPECTED LEGAL GIANTS !
NAMASKARAMS.
In case of civil contempt u/s 12 which court have jurisdiction to decide the contempt Application.
If parties breach under taking given by him in Ld. ADJ court.
Can Ld. ADJ court himself decide the contempt application or it necessary for him after conclude the application with in one year it refer to Hon`ble High Court and Hon`ble High Court deciding the Contempt Application.
If any have case law on it Plz send such authorities in which it necessary for Ld. ADJ court to refer the application after concluding to Hon`ble High Court.
Or in alternate in which define that Ld. ADJ court dn`t have jurisdiction to decide the contempt application of his own court. In which parties breach order of Ld. ADJ Court