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B.V.V.N.D.Prasad   01 June 2011 at 10:41

clarification about the easementary rights

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   31 May 2011 at 22:40

Contract Act

contract prevails or the conduct in case of deviation by both the parties from the stipulated conduct of the contract deviated from the conduct stipulated in the contract.
"two parties to a contract deviated from the conduct stipulated therein, 12 years later one of the parties realised the deviation from the conduct of the contract. now if it wants to follow the conduct mentioned in the contract. In such case will the conduct prevail or the contract."
please also give some decided case on this if any.

suresh phadkule   31 May 2011 at 22:12

written arguments

please guide on aspects of written arguments in an appeal and also in a suit.

Rahul Khandelwal   31 May 2011 at 21:27

Gazette info...!!!

i want to change my name .
i live in jalandhar ,
can u please tell me " where " the gazette office is around my area, or the government press is situated in this area...

please help...

thanx..

professional   31 May 2011 at 20:29

compromised lawyr and change of lawyer

Dear Sir,
I have filed a civil suit for eviction of flat against my brother. My lawyer misled me telling me that the case can be filed only after 2 months of giving legal notice and finally after a lot of persuasion he told me that he case has been filed on 22 March 11. He did not give me the copy of the suit filed. I regularly requested him to give the suit copy which he did not give. On 20 May 11, one of my defence friend told me that perhaps my lawyer has not filed the case as yet. I called my lawyer to give me suit copy if he has filed it, my lawyer did not respond to my repeated call. I send him a sms to which again he did not respond. Finally I send him an sms telling him to not file the case if he has already not done it. He gave the case no with out telling me the date of hearing. Finally i came to know that the case has been heard on 25th May 11. The information about the date of case hearing was informed to my opponent \,because the hon,ble judge agreed to make my brother a party in the case through his lawyer. This and various other incidences suggest that my lawyer has compromised my interest. Now I wish to change the lawyer, but i am told that I can not change the lawyer unless an NOC is given by the existing lawyer. Kindly advise

A) Can I make complaint to some authorities about the cheating by my lawyer.
B) Is there any way to change the lawyer if my present lawyer continue to refuse to give me his NOC

Anonymous   31 May 2011 at 20:00

compensate ground of job

Plz send me a copy of Rule of Compensate ground of job

Anonymous   31 May 2011 at 17:55

SC judgement on Model Rent

I have a residential property located in a prime location at New Delhi.This property is rented for past 30 yrs and I get Rs. 2000/ as the monthly rent from it.This property was trasfered to me via registerted gift from my grand mother to me .Property was tennanted and there was an rent agreement done between current tennant and my grandmother 30yrs back.When the property was transferd to my name there was no agreement done for the tennancy between us.
Would like to know wheather recent judgement/guidelines on the Model rent laid by the supreme court holds good as a case law and is applicable to all the old tennanted property.Can I take my tennants to the court and can ask the court to increase my rent of my property to the current market value based on these guidelines laid by the supreme court.

Thanks

Anonymous   31 May 2011 at 17:53

SC judgement on Model Rent

I have a residential property located in a prime location at New Delhi.This property is rented for past 30 yrs and I get Rs 2000/ as the monthly rent from it.This property was trasfered to me via registerted gift from my grand mother to me .Property was tennanted and there was an rent agreement done between current tennant and my grandmother 30yrs back.When the property was transferd to my name there was no agreement done for the tennancy between us.
Would like to know wheather recent judgement/guidelines on the Model rent laid by the supreme court holds good as a case law and is applicable to all the old tennanted property.Can I take my tennants to the court and can ask the court to increase my rent of my property to the current market value based on these guidelines laid by the supreme court.

Thanks

jai Prakash Joshi   31 May 2011 at 16:39

way of Return Court fees

Respected Sir,


I have file appeal Before State Consumer Form for challenging order of consumer form.

When file appeal I have deposited 50 Present amount of award in consumer form.


But today out of court compromise both party ( after registerd appeal and issue notice ) and both party readu to withdraw Case.

So please guide me.

what under section file application and whose court for return back of deposited amount in consumer form of 50 present of Award.

If possible model draft sent me.


With Warm Regard

manoj   31 May 2011 at 16:02

PARKING IN INDUSTRIAL ESATE

DEAR SIR,
I had given my property on lease to courier company in my industrial Estate (Mumbai) in April 2010 & society had given a NOC for the same & in NOC they asked for Car parking charges for the licensee will be Rs. 2500 for day time & Rs. 1500/- PM for night times. in the month of August there was a General Body Meeting held and they bought up the matter with the permission of the chair that " NOT TO ALLOW ANY VEHICLE AFTER 9.00 PM. & the society is not allowing any vehicles in night premises so they left with no alternative but to bring the material from gate by hand. again society last week told the they can’t bring the material by hand also and gate will be closed .
I had met the chairman for the same and they say it is the mentioned in AGM in 8-8-2010 report.
Since my licensee is pressing me hard for the vehicle to be taken inside the premises as they are losing heavily.
It is an Heavy Industrial Estate what action we can take so that the matter is sorted out at the earliest.Since monsoon are coming nearer & i do not want to loose a good client who pays us the good rent in advance.