Anonymous
05 November 2009 at 16:37
Respected Sir,
Sub: - ADVERSE POSSESSION.
DHR/plaintiff and JDRs/Defendants filed a compromise petition in lower court. As per this compromise the JDRs are agreed to give some land to DHR and accordingly, the JDRS had handed over the physical possession of the land to the DHR and the same was recorded in the said compromise decree. And it is further recorded in the said compromise decree that “in case the JDRS fails to register the Sale Deed in favour of the DHR, the DHR at liberty to get the same executed through this court”. A compromise was recorded in this E.P on 21-02-1985.
But I did not get the registration though this court and executed the same through Mandal Revenue Officer as there is a specific Act of the Andhra Pradesh Government. As aggrieved by the orders of the Mandal Revenue Officer, the JDRS have preferred an appeal before the appellate authority contending that no notice as required, was not served on them, before passing the order. Even the DHR have succeeded in all Revisional authorities carried out by the JDRS and as well as the High court of A.P. When the case was carried out a Writ Petition before the Division Bench by the JDRS, the Hon’ble Division bench has quashed all the orders passed below, on the ground that the Mandal Revenue Officer was not supposed to entertain this case and has not followed the proper procedure. As aggrieved by the Orders of the Division bench, the DHR preferred a SLP before the Supreme Court, which is pending.
So I want to clarity.
1. The JDrs have not contending about the compromise decree.
2. As per the compromise decree the DHR is in possession since 21-02-1985.
3. So dhr was in Adverse possession or not?
4. Since the JDRS are not contending about my possession, Shall I have a right over the said lands? Or otherwise who are the real owners as of now.
Plz. suggest me suitably.
Anonymous
05 November 2009 at 14:15
I have the Query on the following:
If any individual is working in an Hospital and is the beneficiary of the health service scheme but his parents don’t fall under such scheme as the parental income is not less than 3000 p.m as per the pension scheme in order to claim full reimbursement. One of his parent acquired the dreadful disease i.e Cancer and the cost of treatment for the same is very expensive(in lacs for chemotherapy and other investigations) ..Such individual made the representation to head of the hospital to provide relaxation in ceiling limits in order to provide coverage to his one parent but the head of the hospital refused to entertain his request with the remarks that “the same cannot be accede to”
Please inform whether the such individual can file the application in the court of law against the wrong use of discretionary power against the head of the hospital?
Please inform whether the suit is maintainable in the Hon’ble CAT or High Court having the jurisdiction??
Waiting for your reply at earliest
RAKHI BUDHIRAJA ADVOCATE
05 November 2009 at 14:03
Hello Dear members of LCI,
Can anyone provide me the soft copy of ac Act of Haryana state co-operative housing fedration ltd.? Plz. its urgent. thanx in advance.
Anonymous
05 November 2009 at 12:33
It is simple expectation that any judicial order be based on correct rule and aggrived party be heard.
I am a retired army officer. I was denied a disability pension benefit by Army HQ hence I filed WP against that Govt order in HC. Ground taken was that the amended regulation applicable to me was not applied but order was passed on basis of old obsolete rule.(there were no Armed Forces Tribunals that time) In HC Govt did not produce the correct Rule despite several directions and on one occation even cost imposted on them. However later the bench changed and matter was back to square one. New bench did not insist on the previous order and relying on old outdated rule dismissed the WP. When I filed review pointing out the serious error, I was not allowed to explain the grounds and review petition dismissed by single line order that there is no ground to interfere in order.What is the remedy against such injustice other than appealing in superme court.
Anonymous
04 November 2009 at 22:39
Respected Experts,
In one of the question Learned expert Mr. R. K. Makkad replied, "but after the expiry of a period more than 30 years, the sale if erroneously made otherwise becomes valid." Can I humbly have any case-law or anything? A sale deed executed in violation of any act and the sale deed is declared ab initio void by any civil court. The vendor has signed in Re. 1 revenue stamp in the money receipt in presence of witnesses, thus he got benefited. In this case, will the vendee who has lost the land can claim the compensation? What if the vendor is dead?
My heartiest Thanks to all of the learned experts.
Kumar Krishan Agarwal Advocate
04 November 2009 at 22:17
1. I have a made an amendment under O.6 R.17 for amending into plaint. into amendment I annexed 17 rulings of High Court and Apex Court for support so that the amendment will not refuse by the court of law.
Q. Is attaching rulings with amendment is bad in law or bad pleading.
Q. I uploaded the amendment file please have a look the amendment pleadings I drafted by me is right or wrong. 29_amendment_a01_new_.doc
If any changes you have done according to your taste/way then after that mail to me at the correct file at
kk_agarwal_love@yahoo.com
Kumar Krishan Agarwal Advocate
04 November 2009 at 22:13
1. I have a made an amendment under O.6 R.17 for amending into plaint. into amendment I annexed 17 rulings of High Court and Apex Court for support so that the amendment will not refuse by the court of law.
Q. Is attaching rulings with amendment is bad in law or bad pleading.
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Nomination
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