Ankesh Gupta
12 December 2018 at 21:59
Hi,
My father had not paid monthly rent of our pagdi home from past 5yrs, landlord had issue him notice saying he had terminate his tenancy.
We had tried paying him the rent but he refused to take.
Please suggest how we can pay him the rent & save our home.
Santhosh kumar
12 December 2018 at 20:13
suit schedule property is under slum clearance. Still no sale deed issued. A- absolute owner of said property was allotted a property in the year 1984 by slum clearance. then A sold his said property (441 sq.ft) to one B after getting the allotment receipt in the name of A in the year 1985 through unregistered document i.e 50 rs NJS. Thereafter B sold the property to C through the unregistered document in the year 2001. C is in the possession and enjoyment since 2001. But except the Gas bill no evidence available to show C's possession of the said property. A has 4 legal heirs i.e. D,E,F,G. One of his Legal heir D died. Now D's legal heirs i.e. wife, son and daughter claiming that property is their own property. Also showing that Allotment receipt in the name of one A and Supplying false statement that they are in the possession seeking injunction from retraining C from the property.
My query
1. Is this suit is maintainable under injunction?
2. What are reliefs to set C in the said property?
3. How to prove the property now belongs to C only?
Respected Seniors, Kindly may guide the ways to get the required relief.
BHARTI KOTHARI
09 December 2018 at 05:14
helo sir
a declaratory & injunction suit was filled against the land lord and while stay the land lord has demolished the building and therefore we filled contempt petition.
since the contempt petition was filled after 15 month from date of knowledge and therefore the other side has raised limitation aspect and accordingly non maintainability of apllication.
it is our stand that since it is case of dis obidience and therefore there will not be limitation and further it is not filled before high court but before same court under order 39 Rule 2A and not under contempt of court act. Am I right ?
Can I make application for condonation of delay at this stage ?
Surender Oberoi
07 December 2018 at 19:48
Sir,
Is ndpl or tpddl covered under rti act ? Any reference of judgement ?
Timeline of the action ndpl or tpddl is duty bound to take in cases such as removal of electricity meter of temporary electricity connection stated in any govt order.
And supply of new electricity connection as stated in derc act are not adhered to. Phone numbers of higestst official are not on the web site except help line number.
What is hierarchy of written representation with address as helpline number gives vagues timeline of action to be taken by them, whereas derc act states otherwise ? How to represent and to whom and move the court 's name?
Which court is to be approached? And before moving the court where to submit the notice with address is prayed for here.
Any court judgment, where ndpl or tpddl is imposed fine for not adhering to time line ?
Anonymous
07 December 2018 at 16:56
I have sold the top floor(Third floor) with roof rights to one person(Say person X). However in the sale deed, i have mentioned one clause which reads as below:
''Vendor has restricted the right of construction above third floor''
I wanted to know is above clause valid as per law and whether permanent injunction restraining the purchaser not to do any construction can be obtained in case purchaser starts construction on the roof. Assume municipal bye laws allow construction of 4th floor.
RK
05 December 2018 at 20:19
sir can u suggest sample application under section 56 of evidence act
Anonymous
05 December 2018 at 13:27
Hi,
I got divorced in 2017 by an expatriate judgement by Family Court on the ground that my ex-wife not interested to attend court proceedings and also not having any defense against my case of domestic violence. After the decision of honorable court I got re-married but ex-wife filled case against me under domestic violence, alimony for her maintenance and re-opening of family court decision. All her claims are baseless and not backed by any witness/proof. Kindly suggest is she entitled for any maintenance as she is already working as government employee since 2012 getting approx Rs.65000/- per month and also having immovable property in her name. Further we not have any kid thus no question of maintenance.
Moreover, I have one baby boy with my present wife and both my son and wife dependent on me.
Kindly suggest some case judgement in this scenario which can be quoted in defense to her case
Sheetal
05 December 2018 at 05:02
In Cruel incident on fateful day on 18th may 2008 at Nasik in road Accident My Mom, Younger Sister and her husband as well only daughter of them expired on the spot. While elder sister & her husband(jijaji), & their two children ,one 4 year old son and 8&half year old daughter as well my father was got injured seriously and hospitalized out of which my Father and Sister died in hospital in span of month. And after that my niece and nephew( elder sister children) were in coma for longer period. As there Paternal grand mother and uncle did not come forward i have done all medical expenses and taken their care . Both were hospitalized around 9 to 10 months and were critical i have done around 6 to 7 lakhs expenses in 2008. After that in District i filed petition for guardianship of both minors against parental Grandmother. And as wanted Honorable district court Judge given me Guardianship of minors in respect of person while Grandmother has been given Property guardianship of only which i was denied . Grandmother file death claim of her son and Daughter in law at District court on behalf of both Minor children .District court settled claim after 6 years as below. 1) Death claim of Father of Minor: District court ordered 9 lakhs with three share two equal shares of both Minor Childern. Third Equal share of Grandmother of Childern 2) Death Claim of Mother of Minor:District court ordered8 Lakhs with two equal share of Minors. 3) Injured claim of both childern: District court ordered all amount in favour of childerns with giving some amount to other relative including me as a maternal uncle for the amount of medical expense done by me . Later insurance company appealed for detah claim only in High court.And Notice was given to Grand mother only on behalf of childern and herself. But she later applied for partail withdrwal for both death claims. Wrongly giving injustice high court given permission to withdraw 70% claim amount along with intrest till the case going on in High court. Here big error done was High court given 33.3 % share to Grandmother as well in both Minor's Mom claim while giving 33.3 % each to both childern. In same way high court given three equal share of 33.3 if Both minor childern's father claim. Clearlly stating both childern share deposited in FD. While Grandmother can have free cash of her share to her directlly. And she informed same to me later about this ,as childern staying with me as i am in person guardian for them. When i came to know it was shocking to me , how high court can make misake.,even when i informed childern, they got shocked as both are mature with 17 years minor girl & 15 year minor boy. Now i want to appear in high court against this decision appearing as in person gurdian and third party relative as i want all childern amount to be safelly with childern. As i taking all educational expense and all expense of childern and even i did not claimed those expenses as per district court order. My question here how wrong order of high court will be reversed in high court as case still open in high court? What should be remedy for this?
Anonymous
05 December 2018 at 04:51
Wronglly raised ,Wronglly raised.Wronglly Raised.
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Tenant left room open without handing over
Respected Sir / Madam,
We filed an eviction case against our tenant and was fighting the case since 1991. A few Months ago we got eviction decree from the court in our favor. Before starting the process for possession through the bailiff process, the tenant vacated the rooms and ran away leaving the premises door opened, unattended, without handing over the premises to us. Last 15 days it's lying open and it's risky for us to stay in the same building as anybody can enter the said rooms anytime. It is to mention that the tenant had died during the court process, now 6 people of his family are the successor.
Request guide us about our further step to have possession officially.
I am available at 8444920990, My old age ailing parents are staying in that premises having telephone number 033-25310488. If you can guide us we would be very much grateful to you.