Anonymous
13 June 2010 at 08:09
in a suit for recovery of possession, on the side of defendant, DW2 filed proof affidavit and marked 3 documents and next hearing was posted for cross examination.
The day before the hearing date, DW2 died?
what will be the evidence of DW2?
can it be scrapped or taken as a whole?
Anonymous
12 June 2010 at 20:05
sir,
During trial of a title suit which lasted for 10 yrs oppo did not cross examine the witnesses and even did not get their documents marked/exhibited. Now can they at appeal call the witnesses for cross examine and get their document marked/exhibited?
Thanks to all
Vikas Aneja
12 June 2010 at 18:58
My client had entered into an agreement to sell on 17-11-08 as a purchaser of some land for total consideration of Rs. 7,10,000/- and he paid Rs 4 lac as earnest money and the date of execution of sale was fixed 2-3-08. My client got marked his attandence in the office of sub registrar but the seller did not come. Now I have filed suit for possession by way of specific performance and in the alternative for recovery of Rs. 8 lac as double the earnest money.
Now My client wants to recover the earnest money as the value of property has been reduced.
But now the other party appear in the court and without filing written statement, they filed an application in the court to execute the agreement as they are ready to execute the sale deed. they also make statement in the court in this behalf.
I object this and i asked the court orally that My client is also ready to get the sale deed executed in his favour but the defendant should pay compensation to my client as he got the benefits of the suit property and also got benefits of earnest money. But as I have not demanded compensation in the plaint, the counsel for defendant raised this point.I got adjournment for reply to application filed by them.
I know I can amend the plaint and demand compensation as there is provision in section 21 of specific relief Act to amend the plaint for compensation.
But the question is should i amend the prayer clause only or I should amend the whole plaint.
The other question is whether i can compel the court to give damages to my client otherwise I give up the claim of specific relief and to grant alternative suit of recovery.
And if i give up the claim of specific relief, is there any chance of dismissing of my suit.
How can i got back the earnest money without got specific relief?
Plz give suggestions and law points.
Anonymous
12 June 2010 at 16:34
Dear Experts ,what is the court fee charges in a decree will be ?in city civil court Hyderabad A.P. THE MARKET VALUE IS AT THE TIME WAS 1200000/-IN 1988.FOR 7000=00 SQ.YARDS NOW THE MARKET VALUE RISED TO 16000/-SQ.YARD WHICH COMES TO 11,20,00000/-total value of plot. NOW the question is that how much court fee shall be borne by the plaintiff for the case to obtain decree from the court?aganist the diffandants?as exparty decree, kindly give me the court fee particulars ,thanking you sirs.URGENT PLEASE..
Anonymous
12 June 2010 at 13:18
Respected Experts,
An appeal has been filed in the district court against a title suit after 6 months of judgment by the Oppo. Party. A separate application for condonation of delay has been attached. I have received notice after 6 month from filling of appeal. Main reason for delay has been shown as illness of one of the defendant who was suffering from several diseases. Which is totally false mainly aimed at pulling on the case. Can I ask the list of diseases he was suffering from medical records and certificates? Can we cross examine the person and the doctor who has provided treatment? Any other suggestions,
Thanks to all
Anonymous
12 June 2010 at 13:14
Respected Experts,
In a judgment of title suit it is written that “ Animus and Corpus is in favour of plaintiff”. So here what does “Animus and Corpus “ means and what is it’s legal significance?
Thanks to all
Anonymous
12 June 2010 at 12:38
Hi
My mother and her sister had inherited agriculture land from their parents.
The land was jointly owned by my mother and aunt.
My aunt passed away in 2007. She has 2 sons and a daughter.
My mother had 3 sons. Her elder 2 sons are dead. Elder son had two marriages ( both his widows are living). He had one son & 2 daughters from first legal marriage and one son from his second wife whom he married without divorcing his first wife.
My mother's second son has 3 daughters.
Both my brothers had strained relations with their wives and lived separately from their wives.
However my elder brother lived with his second wife till his death.
My mother decided to legally transfer her share of land to me i.e her third son saying that since I was taking good care of her she wanted to register the land in my favour by paying the required fees. The deed was executed in the office of sub registrar and mutations done in my favour in Oct 2009.
Unfortunately my mother expired last month i.e about 7 months after she executed deed in my favour.
Now, one month after my mother's death wives of my two brothers and their seven children have slapped a case against me and aunts children challenging that since the property was undevided between two sisters, my mother had no right to register the property in the name of one son only and should have been divided among her three sons.
It is important to mention here that share of my aunt ( now dead) is still in her name and has to be divided among her 3 children. Hooever, all her three children have been made defendants along with me, my wife and my daughter.
Can you please advise me the legality of the sale deed ( kism vasika tabdeel Malkiat nama Malisti) in my favour?
Thanks and avaiting your reply.
H S Grewal
pratik
12 June 2010 at 11:52
Meaning of Gratification , Gratitutious act & non - gratitutios act as per the prevenetion of corruption act, 1988.
If possible with the examples.
Which books is most prefereable to read the abovemntioned act with the case laws & wiht the good interpretation.
Any notes than pls provided.
Thanking u all experts in advance.
Anonymous
12 June 2010 at 10:45
Sir,
I have been staying in leased house since March 2006. After occupying the house, i came to know that my owner has taken a loan against the property. Past 2 years my owner is absconding and has defaulted in paying EMI to the bank. Lease period is also completed and am ready to vacate the place, provided the lease amount is returned as per the agreement.
Mean while bank folks are trying to take possession of the property by approaching Bank Debt Recovery Tribunal.
What are my chances in obtaining a injunction order from being evicted ?
If injunction can be obtained, what will be charges involved ?
What will be max period, this injunction will be effective ?
Thanks in Advance.
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Partition suit
In a suit for partition between brothers, one of the defendants was set exparte. Later during the trial of the suit, that defendant died. Is it possible for his hegal heirs to implead themselves in the suit ?