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Bhumika   04 August 2018 at 18:42

Specific perfomance, injunction and declaration suit

Hello, sir/mam
I want to know if i can file a single suit with the prayer of injunction, declaration of title and specific perfomance of contract all together.
It is related to the case I posted ago at link adress given.

http://www.lawyersclubindia.com/mobile/experts/cause-of-action-in-case-of-void-voidable-sale-deed-678846.asp

prakash   03 August 2018 at 13:54

Gift deed

can a person take back his gifted deed property,(own earned property)

Priyanshu Mehta   03 August 2018 at 12:11

Civil suit land issue

Respected Sir, As we are having an open plot of 3000 sq foot against name of our Grand father and when we tried to mutate on our name and we visited the village we shocked and found that it was grabbed by land grabber with forged documents and they put bricks and stones in our plot. The land grabber is claiming that the above said land is belongs to him. The land grabber has done some settings with corrupted Village Talati and Village sarpanch who has issued two false house tax receipt and gram panchayat dakhila showing fourth side location of land. We known from legal persons that the land revenue law does not allow sarpanch to issue gram panchayat dakhila of land but they issued to land grabber.

We complained to local police but police did not taken any further actions and after that we moved to court for filling civil suit against land grabber but land grabber known this from somewhere and before we file suit the land grabber filled suit against us to avoid police actions against them and we became defendant and the land grabber became plaintiff.

Now, the court has dismissed their stay order and moved to next stage plaintiff evidence which they(land grabber) could not submit even after two years from the date of civil suit submitted. The judge banned the rights of the land grabber to submit the evidence of land which he coan never submit anymore and anyway. The next stage is defendant evidence in civil court.

Sir regarding this matter I have some queries which could be solved by experts like you only :

1. Can the land grabber defeat us in the civil suit if the land is on our grand father's name and derived to us as ancestral property which was not mutated to our name till date ?

2. The land record office is refusing to mutate on our name because the civil suit is filled in court so can the judge dismiss our counter claim and permanent stay ?

3. Can we get stay order if we have original purchase - sale deed (dastavej), land record paper, and all nominees NOC stating that if the property goes to us they dont have any obligations ? The all papers are on the name of our Grand Father only NOC of nominee stating our name.

4. The land grabber is claiming that the we have the possession of land since 12 years. How could we proof this in the court and what is the law of possession of land if somebody has illegally took possession of land ?

5. We have filled the RTI also that how the land grabber got the house tax receipt and how the sarpnach issued the land dakhila but nothing happen further and my Appeal is still pending at Gujarat Information Commission.

6. Sir what can we do further in legally to make our case strong and defeat the land grabber ?

Sir, I need your guidance which could be very helpful to me in my case. Please note that this is not the story but real fact from which I am suffering today.

Your Response is awaited.

Thanks & Regards

Priyanshu Mehta

Balaji Bakthavathsal   02 August 2018 at 15:12

Time limit for presenting arguments

Dear Laerned Lawyers,
In a Civil Suit in the lower court, after the evidences closed (Cross-examination), is there any time limit for submitting / presenting the arguments by the plaintiff side ? Even after three months gap, the plaintiff side did not come forward to submit / present the argument. Please quote any citation if there is any.

Thanks & Regards

Sushil kumar   02 August 2018 at 11:48

Revision petition

Dear Expert

opposite party file a revision petition in High court against the house eviction order

what is next process, please help/advise, I need to file reply etc?

Thanks and REGARDS
Sushil Kumar +9418621618

anil sheikhar   31 July 2018 at 12:28

Termination without reason

1. we are ex contract employee of sbi and worked for two years. They have terminate us without assigning any reason and also it is not mentioned in my termination letter. In our service rule it is mentioned that they can terminate our service by giving three months notice or salary, but they cannot done in our case, but in Lucknow circle of sbi they terminate our colleague by giving termination reason on their termination and also three months notice.
2. Also they can renew contract of our colleague in Chandigarh circle, but not ours
3.Also when my colleague file court case, they have given termination reason that you have not archived 60 % target, but that reason is not mentioned in our termination letter.
4. Also that 60% condition is not mentioned in our service rule and they have not intimate us about during our service of 2 years. So want to know that our termination is legal or illegal.

Anonymous   31 July 2018 at 12:23

Termination without reason

1. we are ex contract employee of sbi and worked for two years. They have terminate us without assigning any reason and also it is not mentioned in my termination letter. In our service rule it is mentioned that they can terminate our service by giving three months notice or salary, but they cannot done in our case, but in Lucknow circle of sbi they terminate our colleague by giving termination reason on their termination and also three months notice.
2. Also they can renew contract of our colleague in Chandigarh circle, but not ours
3.Also when my colleague file court case, they have given termination reason that you have not archived 60 % target, but that reason is not mentioned in our termination letter.
4. Also that 60% condition is not mentioned in our service rule and they have not intimate us about during our service of 2 years. So want to know that our termination is legal or illegal.

Anonymous   31 July 2018 at 12:05

Urgent - will registration by special power of attorney

Please excuse me for posting as anonymous

Dear Expert,

One of my Friend is in UK, he is executing a Will for his Indian Properties from there (UK).

1. My first question about Apostille of the will, should it be done by Foreign and Commonwealth Office (FCO) or from Embassy.
2. Second question is his properties are located in Ahmedabad, if he issue Special Power of Attorney in the name of a local Indian person, by this if the Will can be registered with Local Sub-Registrar Office by the person authorised without my friend’s personal presence.

Appreciate your prompt reply.

Radhakrishnaa S   30 July 2018 at 19:32

Decreed Suit

Sir,
Iam Bank manager and in one of my case
Which was decreed on 20-10-2005 final decree against mortgage suit. Party came for settlement and remitted Rs. 100000/ ON 25-10-2010 and there after bank officials not followed the case and misplaced the bundles. I found the case bundles and hand advocate on Feb 2018 and my advocate say it's time barred. In case the EP was filed or not no information with the file. Original case was filed in 1989. I need guidance in the issue.

Anonymous   30 July 2018 at 19:00

Status Quo granted against defendant, applicable on Plaintif

Respected Experts !

Following is my query:-

Facts are :-

1. "A", a tenant is occupying the suit premises.

2. "B" is a co-owner of said suit premises, whose title is absolutely clear and not disputed anywhere. He is also the landlord of "A".

3. "C" is an alleged co-owner of said suit premises, whose title is under cloud and challenged.

4. 'D" is a person who purchased the suit premises from "C" (whose title is under cloud).

"A" is still in possession of the suit premises. Even after the sale/purchase done by "C" & "D".

Said transaction coming to the knowledge of "B", "B" instituted a suit for declaration (cancellation of sale deed) and mesne profits. He also moved an application before the court to restrain C & D from alienating, transferring etc. of suit premises.

Consequently the court passed an order that "the defendants are directed to maintain staus quo in respect to title and possession of suit property"

The Order is still subsisting.

After few years of this order and during the pendency of said suit, "A" vacated the premises and peacefully handed over posession to "B". Consequently, "B" entered into an agreement to sell to a third party, in regard to suit premises only, and for a certain consideration put him into the posession of suit premises.

Consequently, "D" moved an application before the court that "B" has disobeyed the status quo order and he be punished forthwith.

My questions are:-

1. Whether the order passed by the Honorable High Court is binding on "B" as well ?

2. If No, then clarify why not and also acknowledge me certain citations.

3. If Yes, then what is the best remedy available to "B" and the third party who purchased it ?

Kindly Consider and Reply accordingly.

Thanks.