Adv.S.A.N.Baroodkar
06 November 2016 at 18:21
Dear Sir/Madam,
A Suit was filed, Defendant appeared Filled W.S., Issues Framed thereafter remained absent, the plaintiff and his PW filled Evidence and the Suit was decree, exectuion petition filled.
There after the Defendant filed application U O.9 R.13 to set a site exparte decree, which as rejected.
thereafter 8 months later filed appeal U/s 96 R/W O.41 R.1 along with delay condolence application challenging the original decree as exparte (Delay has be Condone)
please help me with any citation to get the Appeal Dismiss
Divya
06 November 2016 at 18:06
Respected Experts
A money decree suit filed in October 2012 has been disposed exparte in August 2014. The plaintiff claimed ownership of some material in thr suit.
Fact was that some 50% material was in reality owned by another party 'b'. Name of this other party was not mentioned in the suit and the original plaintiff claimed 100% advantage in suit.
Some compromise happened between original plaintiff and other party 'b' where plaintiff said he will give 50% rights in the suit and decree.
1. Can a suit be reopened and plaintiff be increased from one to two under Order 1 rule 10. Sub rule 1.
2. Can amendment be done to put across true facts to the court of the role of other party 'b'.
3. Can the decree in the sole name of original plaintiff be amended to reflect jointly in the name of original plaintiff and other party 'b'.
Thankyou
Pradeep Pundalik Kamath
06 November 2016 at 16:19
I am living in a baithi Chawl for more than 30 years. There are only 4 tenants left in the chawl. Also there is a property of Ground plus 1 which has been demolished by KDMC as it is a old building . The owner is same of both the properties. Now we had filed a case against the owner together along with the above said property tenants. Now owner is telling us that u cannot stay here as this place is not fit to stay. Our Ground plus 1 few tenants have done the settlement with the owner. Few have not done. The building is now demolished so now the owner is saying the 4 left baithi chawl tenants to leave this room and forcefully do the settlement. Also we are saying that when u will redevelop u plz give us a flat. Is it correct. It is an old baithi chawl more than 70 years old. Few people living here are more than 70 years old. Plz guide what shall be done as now inflation is very high to purchase the flat. Also the owner is saying that u take a settlement amount of 2 lacs and leave this room on an immediate basis otherwise court will evict you. We went to the police. That are saying that even though ur matter is in court since it is a baithi chawl nobody can remove as it is not a dangerous property. There are only 8 rooms in chawl. Plz help what solution will u provide in this matter.
Anonymous
06 November 2016 at 13:31
sir hamari dadalai property hai, mere dada,dadi,papa ki death ho chuki hai. hume phele hi gher se hamare chacha ne marr pettkar bhar nikal diya tha. kya hume(potto)ko share milage.to kyar karna chaiya
wo to police or gundo ki dhamki deta hai.
Gaurav Gulati
06 November 2016 at 12:31
Can a leasehold land be converted into freehold while a suit for specific performance is pending in the civil court?
NISHAT Khan
06 November 2016 at 02:54
Hello Sir/Mam,
I have given my house ground floor in letout in 2006 for 11months agreement but my tenant stop paying rent from 2007 so we filled a suit against him in 2008 for vacant that area and we got the order in 2011 in our favour, the belif came to vacate that property but they returned without doing anything and they didn't submit any report in court.
Immediately after this incident my tenant filled a miscase suit against me which is still going and my tenant not paying any rent to me and neither in rent control also. The latest update on the miscase is on argument face.
I will grateful to you if you can guide me how can deal further to close this case as soon as possible and what are the measures to be taken from my end so that my tenant will not be able to lengthy the process.Which are the possible way are there through which my tenant can make this case lengthy.
ckanta
05 November 2016 at 22:36
Sir,
I have filed one suit against my brother for suit for vacation and measne profits as I am the owner of the property by way of Registred Gift deed and he is into the possession with my permission. In the court in his w.s. He has stated that he is the owner by way of adverse possession and he has also let out the proprty to some students as PG . so now my query is Litigation takes very long time , Is there any way that I could stop him by letting the property and directed by court to deposit the amount of rentals if he would get by that property.Please help me and tell me under what provision i could file application or anything . Thanks in advance
Pradeep Pundalik Kamath
05 November 2016 at 21:32
I want to purchase one underconstruction property that is flat but when i saw the property the builder gave me the brochure in which apart from per square feet rate that are also mentioning that Rs 2 lacs that are they are taking as development charges. Should we continue purchasing this flat. The builder is saying that since it is a project of 47 buildings we are providing amenities also to the public in this project. Should we pay this development charges or not as a buyer apart from construction costs. They are saying that wherever u go and purchase any flat in a project approved by Government of India u need to pay this charges . Plz guide whether this correct or they are just fooling us becoz the cost of the house increases by 2.0 lac straightway. Shall i purchase this flat. The flat is in Gram panchayat area but the project has been approved in which prime minister awaaz yojana is also there. Also that are ready to give on the agreement in writing that they will give date of possession of the property which is 2018. Should i purchase this property or not rest all documents such as sanction plan, mother deed, gift fees and title deed is clear. Plz provide me the right guidance from u for purchase of this property.
perumal
05 November 2016 at 11:59
Sir,
Right over the property - legality
My father owned a property of 10 cents of highly valuable, located in vulnerable place.
My father had passed away leaving the following legal heirs.
1.Petchiammal Daughter passed away leaving legal heirs
2.Sankarammal Daughter passed away leaving legal heirs
3.Mariammal Daughter Living
4.Sellammal Daughter Living
5.Murugan Son Living
6.Arianachi Daughter Living
7.Sankaralingam Son passed away leaving legal heirs
8.Pandian Son passed away leaving legal heirs
Serial numbers 5,7, and 8 among the legal heirs of our father prepared a Release Deed in favour of serial number3 for entire extent of above land (not for their portion @ 1/8th ) and obtained witness signatures from serial numbers 1,2,and 4 and registered during the year 2000. Serial number 4 is totally illiterate. While obtaining signature the executors said that it is only a witness signature for the executors and will not affect your right over their share of this land. Now serial number 3 had sold away the entire extent to someone thro’ a registered sale deed. In this context, I want to clarify the following points.
1. Merely putting signatures at a Document as witnesses will confer their right as to release their 1/8th portion of their shares and thereby the Release Deed obtainer / Claimant of that document shall have right over the entire extent of property.
2. Now shall we approach the appropriate court for our claim of 1/8th share each,
3. Shall we file a case at criminal Court against the executor for fraudulent forgery registration who are living now.
Yours Faithfully
Perumal.M
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Real estate act 2016
Sir,
I had purchased one residential flat in 2012 and the possession date of which was December 2015. The possession of which is not yet received by me.
As per Real Estate Act-2016 the developer is to pay interest on delayed possession to buyers. Am I entitled to get the interest on delayed possession by the developer?.
With Regards
Motilal Jhalani