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raja malhotra   13 May 2016 at 21:12

Delhi rent control law

HI
IT WOULD BE GREAT HELP IF YOU COULD RESOVE MY QUERY

I HAVE A CARBIN COPY OF A LEASE DEED , WHICH WAS INITIALLY MADE FOR 11 MONTHS ,
THE RENT IS 1200 / MONTH
THERE IS A CALUSE IN THE AGREEMENT WHICH SAYS THAT " ON EXPIRY OF THE INITIAL 11 MONTHS , THE LESSOR WOULD NOT BE ABLE TO GET THE PREMISES VACATED , AND THE LEASE DEED WOULD BE DEEMED TO BE EXTENDED UPTO THE TIME THE LESSEE DEEMS FIT, AND THE LESSOR WILL NO OBJECTION "

SINCE THIS LEASE DEED WAS MADE 40 YEARS BACK , AND THE ORIGINAL LESSOR AND LESEE HAVE BEEN EXPIRED , WILL THIS LEASE DEED BE ADMISSABLE IN EVIDENCE
AS I HAVE TOLD YOU I HAVE ONLY THE CARBON COPY WITH SIGNATORES AND WITNESS SIGNATUES AS WELL

THANKS
YOU L BE OF GREAT HELP

Rohit   13 May 2016 at 21:04

Tenant neither giving rent nor they are vacating

Hi sir,
this is rohit from hyderabad
i facing so problem from my Tenant neither giving rent nor they are vacating how to vacate them immediately i have not done rental aggrement also plz do the needful to me

ASHWANI GAGNEJA   13 May 2016 at 18:41

Limitation

Dear Sirs,

We had filed a recovery suite against a Delhi based Company in 2001 for recovery of 13,68,000.00. The contract was signed in Delhi. Majority of Invoices had crossed the limitation period. But small Invoice of 1960.00 was raised after that and well under limitation, but this Invoice was not receipted. But after this, we sent statement of account atleaset 6 times and this Invoice was part of the statement. They neither denied or disputed it. That means they have accepted it. Please give me your expert advice & legal opinion whether this will be considered by the court.

Thanks & Regards

Ashwani Gagneja

ASHWANI GAGNEJA   13 May 2016 at 18:31

Jurisidiction

Dear Sirs,

We had filed a recovery suite against a Delhi based Company in 2001 for recovery of 13,68,000.00. The contract was signed in Delhi. First 2 supplies were made to their Delhi office & bulk of goods were supplied to their branch in Gurgaon.

Please let me know after going through the above facts, Delhi Jurisdiction will be accepted by the court.

Thanks & Regards

Ashwani Gagneja

ASHWANI GAGNEJA   13 May 2016 at 17:51

Indian partnership act

Dear Sirs,

I had filed a recovery suit against Delhi based Company in 2001.

Their lawyer asked for Registration with the registrar of Firms in 2009. We had to trace it as it took time to do so (as the document is rarely used). But we found that there was a mistake in name, which got rectified in 2010. Registrar has stated that amendment will be applicable retrospective (Under RTI).Please tell us whether this rectification would be valid or not.

Thanks & Regards

Ashwani Gagneja

Anonymous   13 May 2016 at 16:03

transfer CASe

Good noon
sir
I m defence person posted at Portblair now.
My question is that can i transfer my court case from Ghaziabad to my duty station court.
Bcoz i m duty nd can't attend every date but my in laws are self employees.plz aware me if there is any petition or rules regarding this issue.

tapan chakrabarty   13 May 2016 at 11:22

Partition suit

Dear Sir/Madam,
1. undivided joint property-total 13 plots of land-partition suit at the stage of framing issues.
2. two coparceners (defendants) long back sold one plot without others consent.
3. the plaintiff (myself) suppressed this fact in the plaint to avoid litigation.
4. No defendants are mentioning this fact in the Court.
What will be the scenario at the time of partition by the Survey Commissioner?

Thanking You,
Tapan Chakrabarty, Udaipur Tripura

R B Gupta   13 May 2016 at 08:52

Deficiency/procedural infirmity in trial court judgment

10 issues were framed by the trial court judge and while giving the judgement, he gave findings on 9 issues only. The judge also made an additional (new) issue and it's finding in the judgement. Under which law of CPC (or any other law), does this judgment become invalid, or has to be remanded back to trial court for re trial for the case.

Maharshi Ray   12 May 2016 at 20:02

Query on rent increase for residential property

Hi,

I am a tenant in a residential apartment in Bangalore. I moved into the apartment in March 2014. I am quoting a clause from the contract, "After every 11 months, the tenant has to pay 5% increase on the rent to the owner and shall renew the agreement on mutual acceptance by both parties."

The owner did not renew the contract in 26 months and sent no official intimation for increasing the rent. Now, after 26 months he is asking for arrears. He says that it is my responsibility to pay the revised rent, even if the owner does not mention. He is stating that under the above mentioned clause I should have automatically calculated the revision and paid.

I want to know if it is the tenant's responsibility to renew the contract after 11 months. Also, if it was not renewed, is the tenant liable to pay arrears?

Mohit Luthra   12 May 2016 at 13:29

Query regarding the civil case

I want to know that we are in a case of leave to defend. Our landlord has drafted a case against us under the bona-fide rule of the residential property. They have shown us the need of the property in which we are staying but they do have enough accommodation space in that house.
We have argued on the same in the court and the order date is nearby. Please give some help on this as we are very nervous regarding the order..

Thank you