praveen
15 January 2017 at 14:40
Can documents executed by Plaintiff during the pend ency of the suit can be submitted under Rule 27 by Defendant?
Whether it attracts the Rule 27 conditions prescribed.
Plaintiff had executed some sale deed registered during the pendency of the suit. The Defendant has submitted the IA for producing additional docuemnts. The documents were executed by Plaintiff during the pendency of the suit in Trail court. The defendant is trying to submit those documents during the First appeal. It is nearly 10 years has elapsed. Can Plaintiff object to this?
Udit
15 January 2017 at 11:45
Sir,
In a case of rent enhancement of a cimmercial land in which rent is determined on the basis of prevailing market value of land, the petitioner mentioned in its plaint that the current market value of the land is Rs. 1000/- per sq. Foot and the respondent admitted the fact in his written statement by mentioning that the rate used by the petitioner is the commercial rate of the land and since it is not a sale transaction hence the rent should not be determined on this rate and rent should be determined in accordance with the list of rents applicable to that particular land in the circle rate list issued by the district magistrate.
While evidence submitted by the petitioner he submitted valuation report of a government approved valued which was of Rs. 900/- per sq. Foot and the respondent did not submit any evidence regarding valuation of the land. The valuer was not examined on oath and neither any affidavit was submitted on behalf of the valuer. Court enhanced the rent and fixed it in accordance with the valuation report of the government approved valuer @Rs. 900/- per sq. Foot.
Respondent appealed in the high court taking a ground that the valuer was not examined and cross examined in the court and no affidavit was submitted on his behalf hence the rent determined by the lower court is erroneous.
My question is that:
1. That u/s 58 of the evidence act facts admitted in written statement need not to be proved. So was it necessary to prove this admitted fact?
2.that when a fact is admitted by both the parties like valuation of the land, it no longer remains a fact in issue in such a case was the court not able to determine rent in accordance with this admitted fact.
3. Admitted fact was of Rs. 1000/- per sq. Foot and the court was having the evidence of Rs.900/- per sq. Foot then the court in its discretion has determined the rent in accordance with the least available value of the land which was in favour of the respondent while the court was empowered to determine it @1000/-per sq. Foot. Can this point be taken against the respondent plea of not examining the valuer
4. Can sec. 58 of the evidence act be read with the definition of Proved mentioned in sec.3 of the evidence act.
Regards..
Udit
kuldeep keshri
14 January 2017 at 10:32
tenent not paying the rent since last seven months so a notice has been given but the tenent vacate the shop without telling the landlord and all the electric fitting was removed by the tenent.I contact him but he didn't replied. the shop is open and court first dete is on 23 jan.
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mabusubhani
13 January 2017 at 11:47
If Defendents Says signs on documents didnot belongs to their signs then whose responsibility to prove that signs.
Nipun Arora
13 January 2017 at 00:09
I was working with a company for last few months, During this tenure they deducted my EPF and deposited the same. However, I am not having my salary sheets with me. They were neither emailed to me nor informed about. Although I could have retrieved them from their software when I was in service. Now, they are not providing me my UAN number or my PF number nor replying to my email requests. Is it possible to take any legal action?
Member (Account Deleted)
12 January 2017 at 19:31
Exhibit 5 filed by plaintiff...... Respondent had submitted reply and plaintiff had also submitted counter affidavit . Now plaintiff denies to execute proceedings of exhibit 5 .......... And now he files fresh exhibit 17 under order 39 rule 1 & 2 however such new exhibit has same contents but has only changed his prayers .... So can he do this????
Deepak sharma
12 January 2017 at 15:20
My neighbour plot owner has opened a roshandan/window forcefully in my plot.
I have a plot on which my neighbour plot owner has opened a roshandan/window forcefully, even after requesting him to close it, he is so adamant not closing it. Actually he is a politically active person having lot of people in his back.
1) Kindly let us know how much land we have to leave in future due to this illegal activity, I have heard from somewhere that when you will do some construction you have to leave an area equivilaent to 3 ft*3Ft in front of the window becuase you can't stop the sunlight/air of anybody whole window is opened.
2) Please tell us how we can close the window as soon as possoible by taking the help of law and order (I read some where in the newspapaer there are 3.5 crore cases are pending in the indian courts)
raju
12 January 2017 at 10:35
one of my brothers produced a will stating that it is the last will of my father and executed in Anathapur district. but the immovable property is situated in VIZAG.
All other brothers, suspect the will as forged and would like to file a suit praying the HONOURABLE court to declare the will null and void.
I seek the advise of the experts, as to the jurisdiction of the court, i.e, whether in ananthapur( as the will is executed here) or VIZAG( because immovable property is situated here).It may kindly be noted that the property value (immovable) is 60 lakhs
Prateek
11 January 2017 at 20:24
Sir, whether a tenant against whom eviction suit is filed have to pay the mesne profit from the date lower court passed the order or from the date the Hogh Court passed the order?
The main case is that the appellant filed a eviction suit against tenant and the lower court passed a decree in which it was held the tenant have to vacant the shop within 2 months and to pay Rs 5000 p.m as mesne profit. Tenant filed the first appeal but the Learned District Court upheld the order. Then the second appeal was filed in which The Learned High Court extend the time to vacant the shop within 18 months and upheld the other conditions. During the undertaking filed by Tenant he agrees to pay the mesne profit from the day the second appeal was filed not from the date an order passed by the Learned Lower Court.
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Double registry of plot
There was a big plot divide into 9 parts
There was no numbering for these plots among that
A sold a property to b In year 2004
And mistakenly the same property sold to c in 2014
Now in 2017 B filed a FIR against a and c
After fir a and c agree to cancel the registry.
Pls guide me right procedure for it.