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Member (Account Deleted)   14 February 2010 at 09:52

Stay of suit

Fact:- A tenant [Plaintiff] entered in to an agreement for purchasing the rented premises. the landlord [Defendant No.1] played mischief and tried to sold the property to some body else. the tenant filed a civil suit for specific performance. suit was lost by him and so also the first appeal. during the pendency of suit the rented premises was sold to a third person, who was subsequently added as defendant [Defendant No.2] . And the relief of cancellation of the sale deed was also sought by way of amendment. second appeal of tenant/plaintiff has been admitted and the same is pending. Now the Defendant No.2 in the suit, who purchased the property, has filed a suit for eviction against the tenant/plaintiff on the ground of non payment of rent.
Question:- whether the present suit can be stayed on the face of the fact that the second appeal between the same party is pending?

Anonymous   13 February 2010 at 21:17

criteria for Plaintiff

Lrnd. Experts,
An unemployed person is suffering from Major Depression living with his retired father (Age 77 yrs.) who too is suffering from health problems. Brothers and sisters are working outside very far from here. Some persons are trying to grab his land in fact have occupied and constructed on some portions. Land is in the name of his mother who has passed away. Since Police and Administration are corrupt and apathetic towards general people, Judiciary is the only hope. Can that person eligible to be plaintiff(Instead of his father) for the land against the miscreants?
With Regards to all.

Anonymous   13 February 2010 at 21:00

agreement of sale

In un reg possessor y agreement of sale ,one of the boundary was wrongly mentioned.the vendor filed a suit for injunction aginst vendee denying the sale.under sec27[1]c of specific relief act we can file a petition to rectify the mistake regarding boundry.can u please give recent citations on this aspect.Recently a.p high court rendered a judgement on this aspect.But I could not find it.Please help me.

srinivasan   13 February 2010 at 20:14

Hindu daughter's right in business started with joint funds

sir
my father started a partnership firm with joint family fund with family
members that is his brothers as partners, in the year 1968, we belong to
hindu religion, and another company as pravite limited company in the year
1984 with same family members as directores.It contuned till 1987 after that
my father brothers relinquesed thear right in favour of my father, since
they wear companseated with other business started with joint funds.At the
same year 1987 he made his two sons as partners and directores.he dident
make any gift to us , after in the year 2006 my father got his share in the
joint family property which was sold., my father invested that funds also in
the paqrtnership firm and pravate limited company.It contuned till 2008 my
father died in2008 interstate with out will, in our family we are five
children 2 sons amd 3daughters, all of us are married.
Now my sisters are claiming equle rights in all the propertys. That is the
house property in the name of my father,some funds invested in bank as
F.D in my fathers name,
partnership firm ,and the pvt ltd company.Will the partnership firm and pvt
ltd company also biend to the H.S.A 2005. Sir now the daughter of a hindu
are also equle coparceners,will they get equale right in partnership firm
and pvt ltd company since in was started from joint family fund,and also
joint family fund which was resently invested in the year 2006.Sir please
clear my query.





Shivasurya   13 February 2010 at 19:02

suit for declaration and possession

Dear Experts, in a suit the plaintiff filed suit for declaration of title and possession against 2 defendants. the 1st defendant was set-exparte without in the initial stage, the 2nd defendant contested the suit but decree was granted in favour of plaintiff on 08-12-2005. In 2006, the 1st defendant was died leaving his 4 sons and 2 daughters ( the 2nd defendant is one of the daughter of 1st defendant) In E.P. the execution court orders for delivery of possession against the 2nd defendant. The legal heirs of the 1st defendant knows about the decree and delivery order recently. Now the legal heirs wants to set aside the exparte decree passed against the 1st defendant. What is the procedure to set aside the exparte decree and stay the E.P. proceedings. (the 5 legal heirs are not parties to the suit and E.P.)Please guide me wite relevant citations. Thanks-Shivasurya, Advocate, Chennai

MSC Shekar   13 February 2010 at 16:54

Interlocutory Subject involving Minor Property

A Civil Dispute involving the Executant (Grand father 84 years old) adopting his Grand daughter (8 years) after untimely death of his only son at an early age.

The adoption along with court protection for the minor was done following all the neccessary legal procedure.

After maturity of the minor as major all material papers regarding this adoption issue was lost. The Executant and guardian expired in between.

How and where can she obtain the adoption records (in which court) and what procedure need to be adopted. This evidence is essential for her to dismiss the exisiting civil dispute.

Kindly advise

s.loganathan   13 February 2010 at 11:12

Reply to Sarfaesi 13(2) notice.

I had been served with 13(2) and before expiry of 60 days, had sent a comprehensive reply to the bank's authorised officer. The bank has failed to give me a written reply within 7 days as mandated by law using 'reasonableness and fairness' through evolving an internal mechanism, apply its mind and respond. At the time when I hand delivered my response and got acknowledgement, the banks officer had told me to propose an OTS amount. Only after that did he receive & sign the copy. Would a statement like that be construed as a reply to my letter. I have not received any written communication, and what are the consequences of the bank defaulting to reply within the 7 days period?

Anonymous   13 February 2010 at 01:44

Renewal of Rental Agreement

Dears

Plz let me know what is the postition of law as to renewal of rental agreement of a residentail property in bangalore after the termination of the rental agreement.

Points to be answered:

Is the new rental agreement required to be executed to continue in the schedule property.

Regards.

barun deka   12 February 2010 at 19:12

partition

whether in a partition suit all the properties are to be joined together in the suit? any precedents??

Anonymous   12 February 2010 at 17:21

Purchase of Agriculture land

Dear learned members of this forum,
I want to purchase a agriculture land in karnataka, but the problem is that in our family no body is agriculturist or Agriculature labour, now i wanted to take some 3 acres of land in the rural/village/city ,so what is the procedure so that i get this land to be registered in my name.
what is the role of Deputy comssiner, asst comssioner, subregister & tehsildar
what the law say regarding this.
kindly help me in this regard.
thanks in advance