rajan chopra
01 March 2016 at 12:13
Sir in a suit for recovery being filed by me as a party in person, the suit is at the stage of defendant,s evidence.Now as I am unable to appear on the next date of hearing so can I before the date of suit put my exemption application in the petition box of court mentioning the next date of hearing or have any other option to be adopted in this regard ?
Jagadeesh
01 March 2016 at 12:03
Respected Sir,
1) In 1977 , G.ApalaSwamy has given 1acre as register gift dead to his granddaughter N.Kannnama but in his gift dead he has mentioned , the property will be enjoyed by him until he survives and after that N. Kannama can enjoy the property but should not sell it .The children born to Kannama can enjoy the property and sell it as well.
2) In 1989, N. Kannama sold the property to Rayudu Subba Rao and mentioning her 3 children (minor names) and her husband signature .
3) In 1997, Rayudu Subba Rao brought LP NO 156/97 for this acre and divide the site into 14 plots and he sold only 4 plots( .between 1997 and 2000.
4) In 2006 , P. Dharma Rao has failed case against (OS no 591/2006) N. Kannama that he is growing vegetables etc in her 1 acre and her 4 children (majors now) has given agreement to him in 2003 that they will sell the one acre to him when needed but they are not selling the same. Things have been settled by elder between N. Kannama and her children and they agreed to register the land to P. Dharma Rao .
5) But Kannama is 7 children now three are minors and 4 are majors . so N. Kannama has approached court that she has difficult to survive and need to sell the land and she has decided to sell it for 7 lakhs .
6) Court has approved it and asked her to deposit three lakhs as fixed deposit on three minor names and provided the receipts to court, they have provided the same and court has given orders to sell minor property .
7) In 2006, N.Kannama has filed another case that the sale dead of 1989 mentioned in point (2) is not valid she was not aware she is signing the sale dead ,she thought she is executing mortgage for the amount she barrowed and it is also minor property .
8) In 2007, N.Kannama and her three minor kids and 4 children has given GPA to P. Dharma Rao for there one acre.
9) In 2008 , P. Dharma Rao sold the land to me as plots ( plot no 38,39,45,46) total 806 sqyards but he used the LP NO 156/97 mentioned in point 3 above . Fortunately or unfortunately , Rayudu Subba Rao did not sell this plots to anyone.so when we take EC for the same only our name is appearing from 1983 to till date .
10) In 2008 , he sold remain 10 plots to some other person (D. Krishna)
11) In 2011, The case filed by N.Kannama in 2006 mentioned in point (7) has been dismissed because if the sale dead is an issue the children of the N.kannama has to file a case with in the limit of 3 years they become majors but not N.kannama and also N.Kannama and lawyer did not deal the case properly since it is already sold in 2008 to us.
12) In 2011, 4 people went to court they are the site owners of the plots sold by Rayudu Subba Rao mentioned in in point (3) and they got injection order main reason is none of them from N.Kannam attend the court they are set expert.
We are not related to this plots but they are in same LPNO and in the same one acre.
13) In 2015, D. Krishna mentioned in point (10) has sold his 10 plots to ex.MLA to low cost knowing the dispute.
14) In 2015 December, I went to see the land and I kept boundaries and a board in my site ,couple people approached to me when building the wall I told them this our land they went silently .
15) In 2016 February , they removed my board and made call to me . The mentioned they are legal hires of Rayudu Subba Rao it is there land .
16) It took couples of days for me to go there since I am non local and after going there and sitting with them and I saw there documents I came to know the entire issue.
Point (1),(4),(5),(6) and (8) are clearly mentioned in my sale dead and link documents .
They have hidden other points
Can you help me to know from where should I start now?
On whom should I file case? Should I file 420 case on P. Dharma Rao ,N.Kannama and her children for doing double registration ? will I get my land or money back ? if yes ,to what extent current market rate ?
Should I convince N.Kannama children to go to court and cancel the registration done in 1989 , will it be valid since it crossed the limit ?
What about the court order brought for minors is it valid ? since the court gave orders to sell the minor property .
KK
01 March 2016 at 10:03
Sir, we stay on the 4th floor of an apartment building in maharashtra. A lift is provided by the builder since 2007 and has been maintained via Lift AMC renewed on a yearly basis.
The present office bearers- Secretary, Chairman and Treasurer have finished a 3 year term and no one wants to take over the committee due to internal fights and groupism.
Last week a 90 yr old senior citizen on the third floor suffered a heart attack and was delay of an hour to carry her on a chair to the ground floor and reach hospital due to a non functional lift as the contract was not renewed.
After discussions, the office bearers washed their hands off the responsibility citing their term is over and they the no longer have authority to sign papers and cheques for AMC renewal. They had circulated an unsigned letter stating using lift at one's own risk. (although payment of watchman's salary, light and water bills etc continue as before through cash payments collected from members' monthly dues)
So 2-3 members volunteered to pay their monthly dues in advance as payment towards the Lift AMC.
Can the office bearers just handover to a member calling himself 'voluntary secretary' and wash their hands off the responsibilities towards society matters without an official resignation meeting and handover to new committee even though their 3 year term is over?
Who should sign the lift contract where it says 'Authority sign' as they are refusing to sign any papers?
krishna
29 February 2016 at 21:20
Respected Sir,
In Order 22 Rule 9 CPC, it is specifically mentioned that when the suit
is abated or is dismissed under this Order no fresh suit shall be brought on the same cause of action.
But what if court has given permission to file fresh suit on the same cause of action after abatement ?
In our suit one defendant died & thereafter our advocate filed chamber summons to delete the name of defendant who has died. Chamber summons was also for adding other necessary party who are not legal heirs of defendant who has died. Chamber summons was not filed for bringing legal heirs of defendant who has died because advocate was under wrong impression that legal heirs are already on record & accordingly proceeded in matter. Said chamber summons was allowed but amendments were not carried out as our advocate left the matter. On failure to carry out amendments suit was proceeded to evidence.
When new advocate was appointed he said that suit is abated as earlier advocate did not bring legal heirs of Defendant on record in time & said that certain other amendments are needed in suit.
Therefore new advocate advised that it is necessary to file fresh suit.
Thereafter new advocate filed application for withdrawal of suit with liberty to file fresh suit on the same cause of action but did not apply to court to set aside abatement.
Other defendant objected withdrawal on the point of abatement.
But court allowed the suit to withdraw with liberty to file fresh suit on the same cause of action observing that advocate for plaintiff failed to take proper steps in suit. (Defendant did not objected this order)
Thereafter plaintiff filed fresh suit on the same cause of action after adding legal heirs of defendant who had died in earlier suit & other defendant who were not on record in earlier suit.
It is again objected by defendant that fresh suit is abated because of earlier suit.
Whether fresh suit is abated & if abated then can Plaintiff apply for setting aside abatement in fresh suit now ? Please reply.
Thanking you.
Swapnil
29 February 2016 at 19:58
Sir
As various changes made in PW1 cross statement so i filed complaint with Chief Judge and supreme court also. and copy send to learned court also.
Now stage is for my (defendants evidence) so what can i do ?
File my evidence affidavit and list of documents or wait for resolution of my complaint.
I am also wants to transfer case from one state to my state so i also wants to file Application under sec. 25 of CPC at Supreme court
Pls guide
Mohamed Ali
29 February 2016 at 19:24
Dear All
Brief description: We are Sunni Muslim family, our partition suit pending from 1960, It was preliminary decree in 1975, later FDP proceedings started in 1980, It had 2 types of properties town and revenue, for both properties separate Commissioners were appointed by court,
for town properties the commissioner submitted the report and it was accepted by all parties, the parties are in joint possesion of town properties from 1995,
but for other part of decree related to revenue properties the FDP came to be closed in 2012 but due to some errors in commissioner report it is being challenged in Appeal.
Query: One of the decree holder who died in 1992, her legal heirs who are having town properties in joint possession from 1995 they want to divide those among themselves,since there is dispute among themselves, at first they raised their objection in the pending FDP proceedings for revenue properties but the the FDP court rejected the plea stating that decree holders legal heirs shares will not be decided by this FDP court,
hence they have filed a seperate partition suit for town properties only, but the trial court on the basis of Order 2 rule 2 cpc without doing any evidence on Issues dismissed the Suit stating the FDP is still pending for revenue properties you raise your plea their.
Since the town properties already settled in 1995 and no where in question and also the municipal khata of town properties is also in joint possession and even they have sold one of the town properties jointly alloted to their share, whether the partition suit attracts Order 2 rule 2 CPC as the FDP is only pending for revenue properties now and town properties settled long back in 1995.
Thanks and Regards
Ali
Dinakar Y R
29 February 2016 at 12:15
Dear Sir,
My friend is a partner in a partnership firm where he and his wife are equal partners.He is in to trading of consumer durables business.
As he requires urgent money he had approached me for short term funding of Rws.5 L .When I had verified their partnership deed there is no borrowing clause in the deed.
Normally i have seen partnership deeds where there will be borrowing clause .
Now my query is whether i can lend to a partnership firm where the deed is silent on borrowing powers of the firm- whether it is legally enforcable .
M Rajendra
29 February 2016 at 10:34
I have to ask one query to forum. Member "A" having 1 wife "B", 1 Son "C" and 2 Daughters "D""E".
"A" died in yr 1994. After that on same yr "D" and "E" has been given hakk sod patra in name of "B" and "C".
In yr 2007 "B" died. Now "D" and "E" claiming property in name of their Father as well as Mother.
They have filed a Suite on JFMC Court. I want to know what will be result of such case ? Or should i go for Out of Court settlement ?
Please reply.
I am Son of "C".
Mayank
29 February 2016 at 00:59
Hi
I gave a contract to install a modular kitchen at my house to a delhi based company. The price quoted by them was 3,75,000+ 14% taxes. They asked me to pay 1,75,000 in cash and balance through cheque with taxes.
I did so but they deposited one cheque in the personal account of proprietor's brother without my consent.
Also, They altered the drawings without my consent and interchanged the shelves and boxes. Also they took the wrong measurements of the kitchen and installed kitchen unprofessionally.
Now they are hiding from their duties.
They are not ready to come at a conclusion. I have paid all the amount to them and they are not ready to provide me with the bill.
I wanted to ask whether I should file an FIR first or send a legal notice. I am asking them to take back their kitchen and refund the amount but they are not ready to do so.
Also will cash payment made by me is a valid proof in court. I have received the acknowledgement of cash received by them on their letterhead
Now I want to ask whether I can sue them for this. They were not ready to accept the mistake. After 3 months of pain they finally accepted the mistake and now are not ready to compensate for the losses.
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Giving badwords and abusing
Hi Sir,
I'm facing one problem which my neighbor is creating, from past few days he is been firing all sorts of bad words to my family in the influence of alcohol. We have filed a complaint against him three times in nearest police station and we have the inward copy of it but police is taking no action against him till now. We have all the proof against him like I have recorded a video that he is entering in my property and purposely throwing some waste materials in my property and giving us threats to kill. He is also giving bad words to my mother and father. All this things I have recorded in my cell.
I kindly request you to please suggest me what has to be done in such case when police is not taking any action.