KISHORE KUMAR JOSHI
17 July 2019 at 17:24
Sir,
I am having a office in Kolkata (West Bengal) paying Rent regularly in Rent Control West Bengal, the office rent is in the name of a Pvt. Ltd. Company the said company is under process of striking off in Ministry of company affairs. The Trade License of the said company is up to date .
My query is can my Landlord eject from the office on any grounds ?
Lokin kumar
17 July 2019 at 15:34
I entered into an oral agreement to buy a property. I got the sale deed prepared on a rs.5000/- stamp paper and obtained circle rate valuation and prepared stamp duty drafts payable to registrar towards deficit stamp duty. Seller executed the sale deed at his home and asked me to go to registrar office where he would visit at a later time to complete the registration formalities. But later he didn't turn up at registrar office at all and further refused to get the sale deed registered and handover possession.
I as adviced by my lawyer filed a suit for specific performance praying for execution , registration of deed and handover of physical possession or alternatively appoint a court officer to get the executed deed registered and handover possession. Now at the time of submitting evidence seller's lawyer has raised objection citing sec 35 of stamp duty act that the sale deed is understamped and should not be allowed till it is impounded and due penalty is paid.
I have prayed before court that I had got the demand drafts made for deficit stamp duty before the day of execution of sale deed in order to comply with section 3 of stamp duty act, but as the seller refused to co-operate I couldn't deposit the same. I have also submitted to court, along with certificate from bank issuing the demand drafts towards deficit stamp duty, that I kept the draft validated for almost 2.5 years even after filing the instant suit but as there is law under which i could have deposited it with the court as it is to be submitted with the registrar. As there was no certainty about date of registration i got the same cancelled after 2.5 years of filing the instant suit. Further more, I have made submission that if the deed is impounded and I pay the penalty, and at a later stage if the suit is decreed in my favour the seller will have to execute a fresh deed and stamp duty will have to be paid on it, then this will lead to multiplicity of proceedings.
1). Complied with section 3, where stamp duty has to be purchased on or before execution, and I purchased before execution, but deed couldn't be presented for registration.
2). The deficit stamp duty demand draft couldn't be deposited with registrar as seller didn't co-operate and there is no law under which it can be deposited with court.
3). If suit is decreed in my favour and seller executes fresh deed, what will happen with the stamp duty and penalty which I pay on impounding now.
Only if court officer gets the already executed deed registered then the payment of stamp duty with penalty make sense.
Opposite party lawyer relying and seeking action under section 35 of stamp act, i.e, impounding.
How to convince the judge to allow the sale deed as evidence for collateral purpose, and not to impound the same.
If impounded, do I have any legal recourse, if yes then how should I go about it stage by stage.
Appeal in high court? Appeal before collector? Appeal before chief revenue controlling authority?
Member (Account Deleted)
16 July 2019 at 20:44
Hi,
Last 3/4 years I am visiting to the Honorable Bombay High Court for some SRA case where I am the Respondent.
I know this case since last 10 years and have much details about this Slum Rehab Projects.
And confident that I can appear in person because in this case the Respondents are State of Maharashtra, SRA and the Developer (Who never ever respond). It means that there are already two highly qualified advocates are there(respondents of State and SRA office) so I dont need any advocate to fight this case for me.
Few reasons why I am appearing In Person I must share here:
1 Don't trust an advocate. Had one very bad experience.
2 Dont want to go for LEGAL Aid becz I am very much confident.
3 HC advoctes charges are in lakhs which a common man cant afford.
BUT there is a problem while I apply for the permission to the Protonotay of HC (Regi) they just call or never call unless I do follow ups and attend one INTERVIEW with the Horrible Registrar of HC woh conduct it as a formality only. Feeling very sad to inform that this Horrible person had no written communications with any aaplicant who wants to appear in person.
Some members who were called for an Interview share their views that there is not a single person is allowed by this so called Horrible registrar or the Prothonotory. And if any one ask details of this so called interviews and process or the list of applicants they simply deny the Informations.
My own experience is that in different Writ Petitions in last 3/4 years I make an application for permission to appear in person but twice I got rejected. Thanks to the SRA advocate and the advocate of the state who argued honestly in that writ petitions and the Honorable Judge gave judgments based on facts and evidence.
My question for the experts is this :
1 What is the use of this in person appearance rights given to the citizens?
2 Where we can complaint against this type of irresponsible or unjust act of the Registrar of HC??
3 Does anyone have experience that somebody somewhere allowed to appear in person in the HC or any court???
I know that there are some good advocates as well, my friend who is practicing in HC and Supreme Court is helping me for free since last 6/7 years.
Please reply asap, thanks in advance.
sujoy ghosh
16 July 2019 at 17:01
Dear Sir/Madam,
I am a hindu.I am a Executor in a registered will of my father. I have given the same for the Grant of Probateon 2015 in the Calcutta High Court. There is a commercial property which had a partnership between my father and my elder brother with 50% profits sharing which stands dissolved. My elder brother has challenged the will
We have rental earnings from there and govt tax payment every month. However my elder brother mismanaged and did not pay the taxes and also the License agreement with the tenant is due. Can I take over the signatures in the Current Account of the Partnership Firm to make the govt and legal heir payments or instruct the Bank to auto debit/standing instructions for the payments and also I renewing the License agreement for one year with escalation in rent and inform the court accordingly.. Kindly suggest and also suggest me a few law best books on this subject with author and year so to use it as an evidence to perform my duties without any issue.
Warm Regards,
Sujoy Ghosh
Sudip Adhikary
16 July 2019 at 15:46
A landlord & Tenant litigation is pending in court for eviction.
Tenant occupied one extra room without permission and build strong
foundation so that landlord cannot enter the occupied room.Landlord
have informed the petition to the court , but court did not take
any step till date.Landlord facing shortage of space with his
son/daughter/grandson/granddaughter.
Is there any legal remedy to get back the room (District court, high court).
Please advice.
Raghuram
14 July 2019 at 08:13
Sir, please let me know the various stages of an appeal in district court in civil suit how long it will take to get the judgment thanks in advance
Regards
Raghu
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Can increase the rent
Sir,
I have given a shop for rent Since from 30year ago, In todays date the tenant is paying only Rs 1500rent, if i go as per market value of rent ,the rent has to be minimum Rs 3000.
I have asked again and again to increase the rent to tenant, but he used to said me he has been since 30long year so he will not increase the rent, and asked me to do whatever i liked.
So I want know how law can help me in this regards.Please help me.