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Nithiselvan   17 June 2015 at 10:02

House lease closing

Last year May 1st 2014 i had shifted to a new house for lease. At initial talk to house owner , he said, lease is for 2 years but as per law, agreement will be made for 11 months and it will renewed after expiry. Amount paid as lease is 1,80,000. Before completing the first year, house owner asked us to vacate the house. i had argued him that why he said lease is for 2 years and now asking to vacate. he said he want the house for his personal purpose. Finally i decided and told him that house lease is completing on April 2015 and need 2 months further time to vacate therefore May 2015 and June 2015. Same he accepted. I had find a new house and informed current house owner that I am vacating the house by May 15 so please be prepare with the lease amount settlement. But he said, he don’t have money at the time of house vacating and he committed to give 60000 rs as advance settlement on May 27th 2015. I had dropped house search since the current house owner is not having money. As said he had given 60000 rs on May 27th 2015 and said he will give balance 1,20,000 on June 15th 2015. And I had asked to vacate the house within 2 days after final settlement on June 15th. I had not accepted his statement and told that I will vacate the house between June 15th and July 15th 2015. Once he had given the 60,000 rs I find another house for rent and given he advance amount on June 1st 2015 and I have to pay rent for that house for June month for new house. Now on June 16th current house owner says he doesn’t have money right now and asks us to continue for further 3 months or he will arrange for another tenant and give the balance money 1,20,000 from him to us. Still he is not committing the date of settlement. I had explained my situation that I had booked new house and to pay rent for that house for June 15 itself and I couldn’t vacate the house with out full settlement. I had said him that as I committed I will vacate the house on June 18th and I will handover the keys and document to police station with complaint. For that, he threatening me with fighting attitude. Using words like beating, punching etc etc. This is my situation. How to handle this without loss please guide me.
I had asked him question, why you ask us to vacate the house if you doesn’t have money to settle. He simply says that time I had money now don’t have money. He want to over dominate us and treats us as dolls.

Kay Abreu   17 June 2015 at 07:06

Cow-shed in a residential colony

I live in New Delhi. Is it legally permissible for a neighbour to maintain a milching- cow in a residential colony considering that two neighbours are just 11ft opposite to each other.

S. Fernandes   16 June 2015 at 23:25

Execution proceedings

Respected lawyers,

Sir,

I am a decree holder representing myself in the execution proceedings.

In said execution proceedings I have attached property belonging to the judgment debtors.

A third party filled objection to the attachment under rule 58 of order 21.

I replied to this third party application..

I subsequently realised that I had ommited some important pleadings, hence I filed an application to ammend my reply. In this application I stated that the ammended reply is attached as annexure-a with all ammendments underlined for easy reference, and craved permission of the court to allow the ammendments.

The application for ammendment was taken on record and copy given to opposit party for say at next hearing fixed for 19.6.15.

I have today learnt that the opposit party has taken objection to my application for ammendment on grounds that the same is not per procedure and deserves tobe dismissed.

Can you please advise me:
1. Section of CPC that gives procedure/format for asking ammendments.

2. What can I do to remidy this situation.

much thanks.

Balaji Sr.Section Engineer   16 June 2015 at 22:48

Trust

we have public trust in avadi, chennai and one of the dharmagatha of temple which is in next area agreed to give that temple under trust management where as eb bil, tax all named under his wife and his wife also accepted for this deal.. 1. now my question is how can i make a deed? 2. will that affect our trust forr geting 12a and 80g certification? please help me.

Pranav Sharma   16 June 2015 at 22:45

Appeal against rejection of ad-interim injunction order

If an application is filed in HC under O 39 R 1 & 2 for passing an ad-interim, ex-parte injunction against defendant before Single Judge. But Judge has rejected to grant ad-interim, ex-parte injunction, but application itself is not dismissed. Can an appeal be made against this order of Judge by Plaintiff? If yes, then under what section or order of CpC? or Plaintiff has to file Review or Revision Petition? Is there any case law on this subject which can be reffered? (Case Law preferably of Delhi HC or SC)

priyanka   16 June 2015 at 21:05

Will oerder 7 rule 11 be applicable

x and y are brother and sisters respectively. 'A' father died intestate and daugther was nominee for all accounts one day x got called by bank and told that they are breaking open the locker as y want to open it the x said that she cant break open it as keys are with him and he is also liable for 1/2 share in locker so s=it could not b break open without his written consent on 1st jan he filed a plaint stating that he is apprehending that his sister that is defendant could open the locker the court didn't pass stay order and ask defendant to give reply meanwhile on 7th jan 'y' break open the locker so since now the cause of action is no more will order 7 rule 11 be applicable. At the time of filing of plaint it was there but before filing written statement defendant brk open it so will order 7 rule 11 that is no cause of action is discovered be envocked

EASWARI VIS   16 June 2015 at 19:35

Responsibilities of the president of the resident welfare association

Dear Sir,

Our President of the RWA has given an NOC for an illegal construction / encraochment.

I have read a high court judgement in the internet wherein it was clearly stated as " it is the responsibility of the President of the RWA to report to the concerned authorities about any illegal construction / encroachment in their colony".

Unfortunately, I could not save that judgement.

Can any one of you help me in getting that judgement about this issue in any high court / Supreme Court about the responsibilities of the President of the RWA.

My email id is : aki_vis1@yahoo.co.in

Visweswaran

Y Singh N Rajput   16 June 2015 at 19:24

Limitation: condone deay

I want some court cases - that

"DELAY CAN BE CONDONE PROVIDED THERE IS SUFFICIENT REASON WITHOUT WHICH IT CAN NOT BE GRANTED."

Can you please help?

shaik khadar   16 June 2015 at 18:18

Discussions regarding u/s. 60 cpc

DISTRICT COURT HAS GIVEN ORDER U/S. 60 CPC BUT THE GARNISHEE WRITES TO THE COURT THAT THE BENEFITS WITH ARE LYING WITH HIS ARE NOT COVERS U/S. 60 CPC HENCE HE CANNOT ATTACH THE AMOUNT LYING WITH HIM , SO ANY CASES PERTAINING TO THSI CASE

kadhiravan   16 June 2015 at 13:27

To vacate the tenant

Dear all
I want to vacant my tenant who occupied my shop and the rental agreement renewal was not done since 2013
He has taken ceveat on the same, what should i do now please share your opinion and suggestion

Waiting for the reply
Regards
kadhiravan