sudhirghabasu
12 October 2015 at 00:08
Sir I'm sudhir advocate from Chennai. In my case i have a query for which I need your help. I'm appearing for the 2nd defendants in a suit. The plaintiff is a temple authority who is the owner of the property. The temple had filed a suit against me and the 1st defendants. The 1st defendants,had sold the superstructure along with lease hold rights to me. During the pendency of the suit the 1st defendants passed away in the year 2011,since then LRs were not impleaded. Suit was also filed in the year 2010. But now the 1st defendants had come up with a application to implead them as LRs. As far as I learned the plaintiff had to implead the legal heirs of the deceased defendants as LRs within in the limitation period. If not impleaded than the suit becomes abated to their part. Whether the 1st defendants can file an application to implead them as LRs. They have filed this application to protract the proceedings and grab money from my client-the 2nd defendants. I'm contesting that the 1st defendants has no right to be impleaded as LRs because the suit becomes abated to their part. Pl help me with some citations in this preposition of law. Thanking you in anticipation.
Bhika Reghiwale
11 October 2015 at 22:25
Sir
Experts
In section 16 c of specific relief act if plaintiff did not aver & prove the readiness & willingness in the sale contract of land till 2 years from the cause of action . Then whether the suit will be dismissed ? Please advice me.
PRAKASHCHANDRA MARU
11 October 2015 at 22:11
Hello all learned friends,
Special civil suit was lodged against defendants by plaintiff for recovery of amount of ijara which are recovered by defendant no 1 & 2 against law from plaintiff.
In the above stated suit court declared judgement against defendants but defendants not paid any amount to plaintiff in original decree
Thereagrer, plaintiff lodged execution petition against defendants (defendant no 1 and 2 are different type partners in suit and individual defendants in suit)
Now there are two defendants. Defendants no 1 was served by court properly but in the summons of court bearing for model 7 supplementary E schedule 1.Defendants no -2 served by court wrongly and in the name of execution petition name of defendant no 2 is also written wrong.
Real fact is that defendant no-2 in execution petition is a son of defendant no – 2 who is defendant no -2 in original suit but the summons of execution petition was served the son of defendant no-2 instead of name of his father (son of defendant no-2 in execution petition is no party in the suit and also not in the execution petition)
Name of partherns hip firm is shown in summons is absolutely correct but in summons name of son is stated instead of name of father
Note : 1 in the partnership firm there is present defendant no -2 (To whom summons served )is not partners of the current partnership firm
2 The other partners are alive of deed of partnership but instead of serving the each and every partner court summons defendant no -2 only in the name of his individual and really is not partner of the partnership firm and was also not party in the original summons.
3 The original defendant 0f the suit is to whom not served summons is alive and is the father of defendant no – 2 of execution petition.
4 Now i would like to discharge defendant no-2 as per execution petition as partner who is really not partner in partnership firm and was not party in the said civil suit and not party in the execution petition under which rule and section i have to file application for delete the person as defendant no -2 (to whom wrongly served summons. )
5 The partnership firm is not registered with any registered firm of partnership.
Pls suggest me
Regards.
Manas
11 October 2015 at 20:00
My grandfather A permitted, his younger brother B to enjoy residing in a separate portion of his house in 1964. This was just a verbal agreement that whenever ‘A’ or his successors needs the said portion it will be vacated and handed over to A’s family. No rent, nothing.
In the year 1973 B passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of B’s wife BW. This was corrected after the series of written objections by A, from the year 1979 till 1989. In 1989 the house tax of the entire property was restored back in the name of A. In the year 1993 BW passed away, after which B’s son BS and his family kept enjoying their stay in the said portion.
My grandfather A and BS, both passed away in the year 2010. House tax of the entire house was transferred against my grandmother’s name. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. My grandmother applied for the same, which was objected by the grandson of B in Jan/2012. And later in 2013 B’s daughter-in-law applied for the freehold of the said portion.
Now we wish to get the said portion back from them, what should we do? If going to the court is the option then under which act? What should be our plea?
Giridhar Shettigar
11 October 2015 at 18:18
Dear Sir,
In our Housing Society, the penalty was imposed for non-attending the AGM, SGM and Election meeting in the AGM held on 30.08.2015.
My query is, the penalty imposed on not attending Special General Meeting is legal?
kindly Suggest.
Bhika Reghiwale
11 October 2015 at 14:57
The
Experts
Is there any specific time limit for issuing the legal notice to defendant by plaintiff from the date of cause of action , before filing a civil suit ? If any rule please quote.
Thanks !
Satya nand aggarwal
11 October 2015 at 14:27
Money decree passed favouring Malkiat against Pargat on 21-5-2013 in suit filed on 25-2-10 for Specific Performance of the land in village Chak Desraj. SP declined, money decree passed.
JD Pargat singh sold the land of village Matfallu on 15-7-13 to Ram Singh. Ram singh got the mutation sanctioned after filling the execution by DH and after issuing warrant of auction.
DH filed an execution on 29-8-13. Property of Matfallu attached and put to auction by the court.
Ram Singh filed objection being bonafide purchaser without the knowledge of decree.
My point is whether the sale deed by Pargat to Ram Singh is fraudulent transfer under section 53 of TP Act.
Whether the attached property is liable to be released or not attached in execution .
Vinod Lamba
11 October 2015 at 11:55
Hi Experts,
I received messages from Airtel stating that my ebill is sent to another email address. The ebill was sent from Aug'14 to June'15. I called Airtel and they told me that there were several calls made to modify your phone details such as email address and also asked to email the ebill. Later, they also provided me with the phone no. which called to get the changes done. It belongs to my brother's wife.
He was married in Nov'13 but she was always after money and also used to harass my family members. My brother filed a divorce case in Jan'14. she left home and later filed 498a+377 and many more against my brother and family members.
The case is still going on but now as she has all of my phone records accessed in an illegal way, can I file a complaint against this???? Please suggest
adv minu k.
10 October 2015 at 22:05
"Can a cooperative housing society , registered under Gujarat cooperative ( societies act ) can dissolve cooperative soc . & sell a flat of share holder member without his consent to a builder , who is developing & reconstructing the society ?" ... this que is posted by SB unknown,BT I'm also interested in d issue.in my soc im facing d same problem .I wud be greatful if someone answer, if possible share some judgements . thanks.
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Land dispute
Sir/Madam,
I would like to buy a house plot. Property owner said that land was given to wife as gift and later on gift was cancelled.
both husband and wife is separately living and not diverced. one daughter is there but she is minor.
should I buy this land? how to go about it.