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Ayan   23 January 2017 at 13:00

Shop eviction

A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
No further agreement was made.
Landlord never issue money receipt , he took rent by cash.
Dispute occur in 2008 related to increase rent , shop keeper denied to vacate shop ,land lord refused to renewed agreement and stop received payment.
In 2009 end , a money single order with three month rent (may/june/july of 2009) came,
Land lord refused. After that no money order came during last 8 years. Shop keeper are running shop still date , shopkeeper demoralized the old actual small shop and built bigger showroom in 2016 without informing land lord.
Land lord does not know , shop keeper paying their rent to any Rend Control or not .

My Question is
1)Can it be claim that shop keeper has not paid from the beginning (2005) ? On their verbal request to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralized original shop (size mention in agreement with condition no alteration) ,Now they build bigger size showroom violating agreement .Will it be helpful to evict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favor of shopkeeper ? Does RTI revel court matter also ?
4)What will be strong ground for eviction , prove them defaulter or they have altered building ?
5)This is the final situation .No other clause is there. Every prove is with landlord .
This ground , land lord can win the case or not ?

Ayan   23 January 2017 at 12:56

Shop eviction

A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
Landlord never issue money recipt , he took rent by cash.
Dispute occure 2008 ,shop keeper denied to vacate shop ,land lord refused to
renewed agreement and stop received payment.
In 2009 ent , a money order with three month rent (may/june/july of 2009) came,
Land lord refused.Shop keeper are running shop still date , shopekkper demoralized
the old actual small shop and built bigger showroom in 2016 end without inform land lord.
Land lord does not know , shop keeper paying their rent to any Rend Control or not .

My Question is
1)Can it be claim that shop keeper has not paid from the begining (2005) ? On their verbal request
to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralised original shop (size mention in agreement with condition no alteration) ,
Now they build bigger size shoroom violating agreement .Will it be helpful to eveict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favour of shopkeper?
Does RTI revel court matter also ?
4)What will be stong ground for eviction , prove them defaulter or they have altered building ?

subhash chandra   23 January 2017 at 12:09

Challenge of registered shell deed

sir, we are five brother &one sister and my mother. my sister had married in 1980.
my father had died on 20.07.1997. After death of my father our agriculture land"s partition has been taken through court order in 11.08.2003. by name of five brothers and mothers names. In 2010 mother have sold her share to one son then our sister have filed a suite that she is a coparcerner in her fathers land and this sell deed is illegal and cancel it.
my question is
1. Is she has right under hindu succession Act 1956.? if yes then why amendment 2005 brought.
2. Is she has right under hindu succession Act 2005.?
3. should she resetting her share in revenue department through revenue court?
4. land situated in Rajasthan.
5. she brought suite in ADJ court.

Tapas   23 January 2017 at 08:07

Partition suit

We (me and my sister) are jointly substitute(after expunging of my father and mother) plaintiffs and already got expartee preliminary decree ( which is--plentiffs got jointly 1/4 th share) in the year 2013 ... According to preliminary decree petition of survey passed commissioner already served to all the parties......commissioner appointment is pending in lower court.....in the mean time one plaintiff(my sister) wants separate share and possession ......instead of joint share and joint possession which is declared by trial court by preliminary decree....... Is it possibe now???...pls help. from --kolkata

Advocate M J   22 January 2017 at 10:19

Recovery case

Good morning Respected Jury,

A recovery case for Rs. 3 lakhs was sent to mediation. Is there a section to recall the case from mediation and continue further proceedings in the court, since the matter is delayed for more than 2 years.

Kindly advice what to do, to see how fast the case can be over.

sujoy ghosh   22 January 2017 at 08:59

Recovery of money from promoter

Wishing all the respected lawyers of great India a very happy and prosperous new year 2017. Sir and Mada, I paid one of the promoters in faridabad a sum of Rs. 178000 in the year 2013 on faith that I would be greeting a plot in greater noida. No formal contract was entered. I have the receipt for a sum of Rs. 78000 paid and bank statement for a sum of Rs. 100000 which clearly shows money paid to that particular promoter. This time when I met him he is saying that the plots are unauthorized so I told him to refund my money. However he is reluctant to refund. In such a circumstance I would like to file a case in the consumer court. Is it OK then kindly suggest me a good lawyer in delhi region who had success in such cases and takes reasonable sum for fighting the case. Warm Regards, Sujoy Ghosh

Advocate M J   21 January 2017 at 18:08

Recovery case

WISH U ALL A HAPPY NEWYEAR
I have filed a recovery case for rs.3 lakhs
under cpc. The court has sent the file for mediation & posted the case after 4 months
I am not interested in mediation as i know
I will not get justice there the defendant
is delaying the matter
SUGGEST ME WHAT TO DO?
How can I cancel the 4 months time & start
the trial
tks.

kishorbhaihora   21 January 2017 at 16:09

Without declaration pray money suit can be filed

dear sir, i have question for that, plaintiff has file civil suit for recovery of his bill amount which is due from defendant and plaintiff had not pray for declaration of his bill amount and only pray that defendant pay our due amount. this civil suit is tenable ?

parvez   21 January 2017 at 01:51

Civil and criminal case

Sir my question is one person has filled a civil suite on me with particular matter and demanded stay on my project. But court has rejected his stay application . And now the case is on issue stage. Now the same person has approach the local police station with same material and want to file criminal case on me. Is this possible .

Harendra Kumar   20 January 2017 at 16:07

Regarding treasurer of society

Dear Sir,
We have needed to file a suit against treasure of the Society because they are not producing the books of account and election date of Society is near about in this regard several notice send by the president but no fruitful result received by us. Further president of the society has been already complaint filed in the registrar of the society but there is same situation.
Now, it is state that I am fresher in this matter and seeking the remedies regarding above said matter. Please guide in this regard and also request you to kindly provide to us a Suit Performa (draft).
Further if any persons want to take the file on reasonable cost I will provide the same.
Thanking you,