Anonymous
20 January 2010 at 16:05
Respected R.R.Ksirhnaa,
I am giving the case in brief as hereunder for your opinion.
After obtaining a compromise decree dt. 21-02-1985 in a specific performance suit, instead of approaching civil court for registration of a sale deed, I directly approached the Mandal Revenue Officer for regularization of an alienation as per Section 5A of the Act (There is an Act called A.P. Rights in Land and Pattedar Pass Books Act,1971) Accordingly the MRO issued orders dt. 30-06-92 in my favour. As against the said orders, the land owner preferred a Revision before RDO, the appellate authority, which was dismissed on 25-09-93. Again the land owner preferred a Revision Petition before the Joint Collector (Revisional appellate authority) which was also dismissed on 04-12-2000. Again the land owner filed a writ petition before the High Court which was also dismissed on 16-02-1001. Again the matter was carried before Division Bench by a Writ Appeal, which was allowed on 07-02-2005 quashing all the orders passed below and stating an Agreement of Sale is not a proper document to entertain regularization u/s 5A of the Act. But the Division Bench has not considered that Rule 27(4) of the said Rules is also applicable. As per the above order I preferred an SLP before the Supreme court which is pending. Now I want to clarify that:-
1) Instead of approaching civil court, I approached Revisional Authorities, as there is a specific provision enacted by the State Government. It seems that I was not kept quite for all these days, without enforcing the above said decree dt. 21-01-1985. so whether I am in Limitation Period of 12 years or not.
2) In case if the Supreme Court confirms the orders of Division Bench, what I have to do. And how to get the lands
3) How the land owner can recover the said lands.
Hence as per the above information, shall I eligible to get it registration of a Sale Deed through court right now.
Anonymous
20 January 2010 at 16:01
one person has done a big fraud with us. he was the broker in one property deal.
He had sent me a registered notice on 5-11-2009 that we had undergone a sale deed agreement with him on 01-01-2008 of Rs. 51,00,000 . and he had paid us Rs. 40,00,000 in cash as advance on 01-08-2008 .
But the reality is that we haven’t undergone any agreement with anybody. That person had prepared some forged documents.
one thing i remember that once he had taken our signatures on a blank 100 rupee stamp paper for purpose of namantran of that particular property. he may have misused that stamp paper.
Some facts about that person
1- he does not have capital of its own
2- he had never filed the income tax return
3- he had worked as a salesman in my own shop
from reliable sources I got the information that he had done a partnership deed few days back in a back dated stamp paper to arrange capital on papers.
Can any body help me in this matter
Pramod Kumar
20 January 2010 at 14:22
Dear Sir,
Please guide me on following aspects with relevant case laws, if any:
Whether a Partnership firm can guarantee the debt of a Limited Liability Partnership Firm?
Infact the Partnership firm referred above hold a plot of land in the name of Partnership firm itself as Industrial Plot on Lease from District Industries Centre and intends to Sub-lease a part of such plot in the name of Limited Liability Partnership Firm with prior approval of District Industries Centre. The plot of land in question is to be taken in mortgage as collateral security from the Partnership firm in addition to mortgage of sub- lease rights by Limited Liability Partnership firm.
I feel the Partnership firm is constituted to carry on business of common interest amongst the Partners and to stood as Guarantor is not a business.
I shall be grateful if you enlight the matter together with statutory sections of statutes and Case Law/s thereon.
Thanks.
PRAMOD KUMAR
Suwarn Rajan
20 January 2010 at 11:37
For more information and help visit www.airyourlegalqueries.com
Suwarn Rajan
20 January 2010 at 11:29
For more information and help visit www.airyourlegalqueries.com
Anonymous
20 January 2010 at 05:43
Respected Experts,
My father purchased a land 40 years back through registered sale deed. With malicious intention to harass/disturb us, revenue authority/department in collusion with the heir of the vendor, initiated a demarcation case against my father. Son/heir of the vendor (Who was 16 years old at the time of sale) who after 40 years has applied for the demarcation the land sold by his father.
I filed objection petition in Hon’ble SDM court, since Circle Officer (head of revenue authority) was absent. Hon’ble SDM court had ordered for enquiry in this matter. But revenue office didn’t responded/acted. After passing seven months, they (staff of revenue authority) carried out some paper work and created a report without serving any notice to me. They also entered into my land and did some nuisance in our absence, when we were out of the town. On the basis of that report they are exploiting(telling me that they will give report against me, in the favour of heir of the vendor) me. I have filed objection to this report in the same revenue office, since this report has several errors/mistakes. But no action has been taken; also they are not giving me certified copy of the application and other documents. They have used this tactics to other persons also. It is their routine work.I am afraid of complaining to superior authority or using RTI act 2005, which means direct animosity with them, also these will not solve any problem rather complicate it further, since all are of same feather. I am keeping wait and watch approach (waiting for their next move). Only civil/criminal suit can be deterrent.
Since the demarcation proceeding is baseless and with malicious intention to harass us, is there any remedy available to get it quashed by civil court, if yes then which civil court (Hon’ble Munsif, Subordinate Judge Court or District/division Court). Can I approach Hon’ble High Court for permanent and mandatory injunction against the son of the vendor and the revenue department? Or what else step should I take? Can I file damage/compensation suit?
My sincere thanks to all learned experts.
Sir,
What rights divorced wife possess in the property of her husband and on his ancestral property.?
Anonymous
19 January 2010 at 17:56
I had entered a leave & license agreement with a licensor and two other members along with me as licensees.
-The agreement read :
Leave & license agreement between:
xyz -licensor
&
1.abc
2.me
3.str
Hereafter called the licensees.
It was for a period of 11 months with six months lock in.
Terms of terminating were that any of the parties can terminate with one month's written notice period.
When I wanted to leave at the end of six month's as I had a mutual agreement with my flatmates that they would pay the rent after my one months notice period, I did not give the landlord notice. I assumed that the licensees need to give notice only if all the parties are vacating.
My flatmates have now gone back on their earlier agreement and the landlord has cut one month's rent from my deposit.
I have now sent a written notice but the landlord says that I can't give notice alone and all three have to give notice or I will have to continue to pay rent.
Is this true? What can be done now?
writ petition
in service matter how much is the time limit to impliment the court order. In my case High court has given some order but next party is not implimenting still so what is the time limit to them as high court has not given time limit in order.