Anonymous
13 May 2010 at 19:29
I had purchased a flat 20 years back.. before taking the possession of the flat the brother of the owner broke the lock and took the possession. Since thn the matter is going on in the court but yet there is no outcome. The Court refused to appoint a court receiver in the case. Now the entire building is going for redevelopment. The builder is asking me to take the money that I had paid 20 years back and leave the premises. He is also paying some money to the brother of the owner who has taken the possession. What do i do now?? I dont want the money but the flat. The matter is still pending in the court. Also, the advocate who was handling the case is bed ridden and he is not ready to part with the papers and I am unable to appoint another lawyer. He says you give me the number of the lawyer you want to appoint, how much is he charging you and thn he will part with all the papers in his possession? What do I do about this?
Anonymous
13 May 2010 at 17:51
i would like to know the conditions under which guest house running is allowed in residential areas of delhi.
i learn that guest houses have to be facing roads of a certain width and above.
may i know the various bodies that assign eligibily criteria and the legality of the whole matters.
vinay kala
may 13
Anonymous
13 May 2010 at 12:04
Dear Experts , my Advocate & District civil court sended summons & notices to the 33 illegal respondents Recently ,from District civil court i was filed suit for injunction & partition of immovable ansestral property land un-diveded property among the brothers ,in this 33 respondents 1[one] is my co-brother blood relation remaining are un -known illegal occupents here respondent 1 is my co-brother and we have not partioned {it is paternal grand fathers un -diveded property} the said lands with metts and bounds, here the respondent 1 has solded her entire properties long back ,with out partition and with out metts & bounds to third parties on saaada bi-naama papers , un-registered papers, here taking advantage of resp 1 the illegal rayots enchroched my 1/2 shares of lands was occupied along with Resp 1 property & WE GOT IN EACH & EVERY SURVEY NUMBER 1/2 & 1/2 SHARES UN-Diveded ansestral patta-lands properties , can RESPONDENTS 2-32 they have ANY CHANCE to go on my summons & notices to high-court ? FOR ANY RELIEF ? the case was on 4th june 2010, kindly advise for my query , thanking you sir .
Anonymous
13 May 2010 at 10:21
Hi Friends,
I would like to have your valued inputs for a subject which is quiet close to my heart and conscience :
Lately I have come to know that in the State of Haryana there are places where in the tillers of the Agricultural land are using and are in occupation of Agricultural land for more than 100 years as the land in question was given to their forefathers by the local villagers.
With this post I invite your view point for the following queries.
1. Whether in view of the provisions of law of adverse possession, transfer of property act or even otherwise they can go to the civil court seeking declaration to the effect that they are the lawful owner of the land?
2. Whether a Writ would lie for this purpose?
3. Whether they are supposed to approach the revenue authorities in this regard?
4. If either/some of you have case law in the eventuality of similarly situated persons have gone to the court and have got the relief as such.
Your response in the matter is eagerly awaited and my sincere thanks well in advance.
Thanks and best Regards
Anonymous
Anonymous
13 May 2010 at 10:04
MY BROTHER HAS CONSTRUCTED FOUR ROOMS AND RUNNING A GUEST HOUSE ON SECOND FLOOR OF HOUSE IN GK II.
THE SECOND FLOOR WHICH HAD NO CONSTRUCTION WAS WILLED TO ME BY MOTHER. THE FIRST FLOOR WILLED TO BROTHER WHO HAS ENCROACHED ON MY PORTION.
THE WILL HAS BEEN PROBATED AT DELHI HIGH COURT IN 1995
COMPLAINTS TO MCD AND PGC HAVE NOT LED TO ANYTHING MUCH EXCEPT THAT THEY HAVE TAKEN NOTICE OF THE UNAUTHORSED CONSTRUCTION.
THROUGH RTI I AM ABLE TO ESTABLISH THRU THE LUXURY TAX DEPT THAT A GUEST HOUSE IS RUNNING AT THE PLACE.
THE WEBSITE OF THE GUEST HOUSE CLEARLY SHOWS THE BROTHER TO BE OPERATING THE GUEST HOUSE.
WE HAVE APPLIED FOR AN IMTERIM INJUNTION AT TIS HAZARI DELHI ALONWITH APP UNDER ORDER 39, RULE 1,2 READ WITH SETION 151 OF CIVIL PROC CODE AND A SUIT THAT I AM THE OWNER OF SECOND FLOOR OF HOUSE AND SEEK PERPETUAL INJKUNCTION AGAINST THE BROTHER FROM OBSTRUCTING MY RIGHT TO THE ABOVE PROPERTY.
THE BROTHER HAS SWORN A WRONG AFFIDAVIT IN COURT THAT HE IS LIVING ON THE SECOND FLOOR WHICH WAS GIVEN TO HIM BY ME AS FAMILY ORAL SETTLEMENT IN EXCHANGE OF RELINQUISHING HIS RIGHTS TO LUCKNOW PROPERTY.
THE WILL WHICH IS PROBATED CLEARLY STATES THAT SHE PASSES ON THE RIGHTS OF LUCKNOW PROPERTY TO ME SOLEY.
THE LUCKNOW HOUSE WAS UNDER TENANCY OF THE LKO DEV AUTHORITY AND SHE PASSED THOSE RIGHTS TO ME.
AS SUCH NO OTHER FAMILY MEMBER HAS A RIGHT TO LUCKNOW PROPERTY.
ON THE BASIS OF EVIDENCE I HAVE GATHERED I AM MOVING AGAIN FOR A PERMANENT INJUNCTION AND ALSO TELLING COURT THAT HE HAS SWORN A WRONG AFFIDAVIT ON THE BASIS OF WHICH THE COURT ALLOWED THE GUEST HOUSE TO CONTINUE.
I HAVE ALSO FILED AN APP UNDER 156(3) WITH PATIALA HOUSE COURT.HEARING IS ON MAY 24 FOR CRIMINAL TRESSPASS.
I AM ALSO INFORMED THAT I SHOULD SEEK REMEDY ALSO THRU LUCKNOW HIGH COURT.
I WAS UNDER THE IMPRESSION THAT SINCE PROPERTY LIES AT DELHI, REMEDY LIES ONLY AT DELHI.
KINDLY GUIDE AND HELP SIR
VINAY KALA
MAY 13,10
anshul sangal
13 May 2010 at 07:56
What is restitution under CPC.Condition for its applicability?
pratik
13 May 2010 at 00:05
1)Difference between vindictive damages & exemplary damages? with the examples. & case laws this will get me useful for my project & CPT exams pls. as per contract act.
2)As per civil procedure code, 1908 what do u mean by chartered high court.
Thanking u all experts in advance.
pratik
12 May 2010 at 23:59
Section 80 of the civil procedure code, 1908 says that if we have to file a case against the public officer or any state authority or to any state goverment or central goverment. we have to first give them a notice in writing but i am confused that where the 2 months time mentioned under the section is regarding the miscondut or breach done by the public authority or any state authority or to any state goverment or central goverment. or after giving the notice to the parties with 2 months. pls clarify the 2 months funda .
2) As usual posting the queries again pls answer .
What is the pecunilary limits of the follwing courts in any matters or any notes pls answer i do request.
District court, sub - ordinate court, bombay high court, supreme court, or to any appellate authority.
3) WHo do we come to know that the particular courts have who much pecunilary limits form where i will come to know.
Thanking u all experts in advance.
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regarding encroachment
Respected experts,
I am in need of recent citations of Hon'ble Supreme Court of India regarding temporary injunction to prevent encroacher to construct on suit premises. If anyone has knowledge about same please help me.