Anonymous
02 May 2011 at 11:20
Sir
I have purchased one flat in VIJAYAWADA ( Andhra pradesh) in August 2010 for a consideration of 15 lakhs and as i am not residing in the same town so I have given the flat on rent to the seller of the flat on mutual understanding for a rent of @Rs 6000/-PM and he is paying rent to me up to JAN 2011 regularly and since FEB 2011 he didnot paying rent and on enquiry it is confirmed that he has taken away all valuable items and after that he locked the flat by leaving some household items and at present his where abouts are not known.
And it is also learnt that one specific performance civil case is running in the civil court on the same flat and the details of the suit are the seller previously written an unregistered sale agreement for a consideration of Rs. 14 lakhs on Rs. 100/- NJ stamp paper in DEC 2009 by taking Rs. 9 Lakhs as advance and balance 5 lakhs is to be paid at the time of registration and not registered to them so they filed a suit in the month of JUNE 2010 for specific performance of the sale and which is pending in the court and trail is not yet started..
Sir, I am requesting you to please help me how to tackle the issues 1) firstly how can I take the possession? ( I think the seller purposefully want me to commit a mistake like by break open the flat or forceful taking the possession) and
secondly can it be possible for me to safe guard from the civil suit and is there any chance to file any criminal complaint against the seller?
So kindly suggest me what best I can able to do now?
S.R.Venkatraman
02 May 2011 at 07:14
State Human Rights Commissions have been appointed to look into the human rights violations.But it is not clear as to what extent this will help litigants in civil cases mainly pertaining to land grabbing/trespassing.
I have submitted my complaint to the Tamilnadu State Human Rights Commission regarding dismissal of permanent injunction granted to me in a suit of trespassing.
Request your views in this matter.I have also applied under R.T.I to know the truth of the documents submitted by the defendant.
S.R.Venkatraman
02 May 2011 at 06:52
My injunction suit at the District Judicial Magistrate's court was dismissed basically on the statements of the defendant and not proper verification of documents filed by the defendants.
Had proper verifications been made by the magistrate, it would have been crystal clear about the manipulations/tampering etc made in those documents.More importantly, the so called police complaint filed by the defendant which was submitted to the court is against some other person and not against us.These and the statements made by the defense counsel led to the dismissal of my suit.I am now forced to appeal against the lower court's order.
In this situation, I wish to file a criminal case against the defendant for forging/submitting land documents in the same judicial magistrate's court.Is this permissible?
I have filed these tampered/fabricated documents to the concerned authorities like the Tehsildar/V.A.O and others under R.T.I to know the truth.
Kindly advise.
S.R.Venkatraman
02 May 2011 at 06:06
I had obtained a permanent injunction in suit relating to my vacant land - while the defendant continued to trespass into my property, I filed a contempt of court petition against him but nothing happened.The magistrate marked as "contempt not pressed for" and ordered the trial.
The suits involve two different people while the counsel for the defendants is one and the same and the land involved in both the cases is same, the court surprisingly ordered for a joint trial despite our objections.
Despite the fact that the title to the property being clear and suitably registered in my name and identified in the presence of the defendants by the court appointed advocate commissioner and land surveyor, the court without adequately considering the weight of the documents dismissed my permanent injunction suit mainly relying on the statements made by the counsel for the defendants.
It is most pertinent to note that in his confessional statement, the defendant has told the court that he does not have any documents relating to my land and has made a 'U' turn by saying that he never entered into my land - Also, in his written statement and the documents submitted to the court, he has clearly shown the same survey number of the land as mine.
Now I am forced to file my appeal against the order of the lower court.
What measures have to be taken by me to reinstate the permanent injunction granted to me??
Anonymous
02 May 2011 at 00:56
If a petitoner files an os before the junior civil judge by hiding the fact that the matter is pending in the high court and that a contempt case is also pending in the high court and obtains an ad interim relief which was expunged latter when the respondents brought this to the notice of the junior civil judge.
Can the petitioner seek a status quo from the Addl. Chief Judge by stating in their CMA that the Junior Civil Judge has expunged their stay arbitarly and they did intentionaly hide the fact.
Anonymousname
01 May 2011 at 21:09
Hi,
Please advise me on the following issue .
My father has taken loan from State bank of India wellington Island branch for business purpose and
after a court case a compromise settlement was reached with the bank to repay the loan amount. The entire amount mentioned on the compromise proposal was paid to the bank within the scheduled time and on 03/08/2004 bank has issued a letter saying that all dues has been settled and the case is dismissed. My father was working abroad during this period and hence he was waiting to come and collect the document (property deed document kept as mortgage) once he comes for vocation. But my father fell ill and died in Dec 2005.
After my father's death me and my mother contacted the bank several times in person and through phone regarding the return of deed document.But the response we got was very bad.Many timees the manager refused to meet us or pick up the call.
We contacted an advocate and his advise was to take certified copy of the deed document and thats enough for any transactions. Please advise on what to do in this situation. Is taking a certified copy enough in case i want to apply a housing loan from any bank or sell the property? Do i need to take any more letter from the bank and if so what ? And whom to contact? Please advise
Regards,
Rapthy
Anonymous
01 May 2011 at 20:38
Experts,
What evidentiary value does a First Infomration report (criminal complaint) hold in the civil litigation between the complainant and accused. i.e the parties are same in both the proceedings.
Plaintiff admitted in his petition that he has filed the said criminal complaint. Will that admission gives any importance towards the evidentiary value of the FIr/complaint.
Please clarify.
Anonymous
01 May 2011 at 18:53
Sir,
Sorry I have used a wrong terminolgy. Its not Notified case, but Identified case. What is an identified case? Who has the authority to identify the case as Identified case and on what grounds?
Anonymous
01 May 2011 at 18:02
Dear Experts of the forum,
Can a leasee ( A central Govt. Organisation) claim the ownership of an Agricultural land, under AP Inam Abolition Act 1955( Telangana Area)by virtue of their occupation on 1-11-1973?
Thanking you All.
e
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Meaning of Nomination
My uncle died in the year 2009 who is a PSU. Actually he gave divorce to my wife's mother in 1990 and he maintained fatherly relationship with my wife and even he conducted our marriage.He maintained illegal relationship with one woman who is already married and having 2 sons with her first husband. That lady gave declaration on one occassion to the Asst.Comm. of Police stating that she married my uncle in 1984. But my uncle gave family members declaration first including her sons as my wife's own brothers. Later after getting the divorce he included her name as nominee by simply giving a declaration stating that he married that lady in the year 1990 for which his employer never insisted upon the marriage certificate. Now that lady got the family member certificate by producing tampered documents and received all the terminal benefits. Now my query is whether a nominee who is not at all a legal heir can enjoy all the benefits making huge loss to the original and blood relatives of the deceased by merely saying that she is the nominee. How can she be the legal heir as before my aunty's divorce she married to my uncle and she also not got divorced from her first husband and when the children were first wrongly mentioned by my uncle that they born to my wife's mother, how she can claim them as her children in the family member certificate. Please save me from this situation by providing ur expert opinion. Also she produced old and obsolete documents in support of her claim as legal heir but not any marriage evidence.