Adv M.D.Azhar
14 February 2015 at 13:02
sir, In one case original owner A has given the P.O.A. to B to deal with the property or given all the rights which he had. Now P.O.A. has sold this property by way of agreement to sell to C and also deliver the possession to him. Now what A has done is that, It is in the knowledge of him that the said property is sold by way of agreement to C by B. So because the C was not the original owner on record so A sold out the said property to D with the malafiede intention and also to remove him from the possession of the land. Now C also file a suit before the civil court for praying that, defendant means D will not interfere in my possession but because of the error in the suit court has rejected his application for injunction. Because no prayer of specific performance was there. And the suit which was filed by the D for protection of the possession against D is granted. Now the suit which is filed By the D also seems defective because the prayer which is made in the suit is not for the deceleration, moreover relief of injunction application and suit is same so because the injunction relief is granted it's amount to grant whole suit. as held by the Hon'ble S.C. Now I want to urge before all experts that this is just done because one of the advocate guided to the all parties to do so and cheated with the C and B. so they left him, he intentionally filed a defective suit before the court because he wanted to ascertain the money form the all parties. Now matter is before me. I want to challenge both the order so i need to know that except certain merit is there another lawful grounds which i can plead in my memo such as agreement to sell which is notarized is also same value as the registered sale deed has. Another vital issue is that though registered sale deed is made the name of the D is not mutated in the revenue record. So sir please guide me and also help me and my client he want to take an action against the previous advocate so what he can do?
Anubhav
14 February 2015 at 11:19
Namaskar to all experts,
Sir,
my father have a rented office space since past 35 years.he had a rent agreement with the owner of the building since he took it for rent.
The owner has sold the entire premises to my fathers brother(my uncle) some 5-6 years ago and has verbally asked my dad to pay the rent to my uncle.Since then my uncle gives us a bill(5% increment yearly) and dad pay him the advance yearly rent with cheque.
However there is no such rent agreement between my dad and my uncle.moreover the electricity bill of entire building still comes in the name of the original owner.
1.As a tenanent what should i do to be safe in terms of my ownership?
2.will the absence of Rent Agreement be a disadvantage for my dad?
3.neither original owner nor my uncle gives us a copy of their sale deed for our reference?
mahesh khatri
13 February 2015 at 23:52
who is legal uttaradhikari of that ashram which made by donation ...by law no blood reletives can in...only a main chela/shishy can enter...pl give details.thx.
Suvo
13 February 2015 at 18:45
HELLO RESPECTED SIR,
I AM HERE TO DISCUSS ON A SERIOUS ISSUE... I NEED SOME HELP FROM YOU ALL.. MY FATHER HAVE INVESTED 100000/- IN A DEPOSIT SCHEME OF ROSE VALLEY ( A BUSINESS ORGANISATION AND CHIT FUND COMPANY LIKE SAHARA) 4.5 YRS BACK.. AS PER THE SCHEME HE WAS SUPPOSED TO GET 140000/- AFTER 3.2 YRS.
NOW ITS 4.5 YRS , TILL NOW NOT GOT MONEY BACK.. THEY ARE SAYING THAT MONEY IS ON HOLD AND WITHIN FEW MONTHS THEY WILL RETURN BACK THE MONEY AFTER FEW MONTHS.. NOW WE NEED THE MONEY.. ITS URGENT.. I AM READY TO GO FOR ANY STEPS LEGALLY TO GET BACK THE MONEY..
PLEASE HELP ME.. I WANT TO KNOW ALL THE LEAGAL STEPS THAT I SHOULD FOLLOW TO GET BACK THE AMOUNT.. PLEASE TELL ME THE PROCEDURE.. I WANT TO INFORM SEBI, POLICE, AND ANYOTHER DEPTARMENT WHERE I SHOULD GO FOR HELP..
TELL ME ANY MAIL ID OR PROCEDURE TO CONTACT THEM OR ANYONE ELSE..I WILL BE AT A VERY BIG PROBLEM IF I DONT GET MONEY BACK..
THANKS IN ADVANCE
SUVO
sanjaythobde
13 February 2015 at 14:01
Are there any citations for getting a decree under specific performance act when it has not been preyed for but it is the substance of the suit and also plaintiff in his examination in chief stated that he prayed for specific performance of execution of sale deed ?
monikakularia
13 February 2015 at 13:29
a suit is pending on a matter. again a case was filed on the similar matter by the same parties and injunction has been asked for by the party.
I am trying to find out certain case laws on the said subject matter where injunction had not been given.
The case which I found is (2005) 6 SCC 202. (para 33,34 and 30)
please help finding out the relevancy of the same.
monikakularia
13 February 2015 at 13:16
suit is liable to be dismissed in absence of a necessary party.
need some law or case on the subject. please help
shrikant manjrekar
13 February 2015 at 12:27
I am seeking opinion in my issue. I become member of housing society most recently in one of Mhada colony. The said room was in the name of late mother who was original member of that society since constructed in 1975. We took possession in 1977 & ever since faced numerous problems of leakages from upper floor member. Upper floor member has habit of crushing ground-nuts & some other materials in iron pot with iron hammer (खलबत्ता). No changes in his attitude even of several requests. Negligence by society office bearers too. He made kitchen platform somewhere in early 80’s. We had experienced a lot since then. Again no changes in his attitude & society committee’s negligence even of many complaints. Around 2003, he made structural changes in his bathroom, reduced his original bathroom, proposed new wall on open slab without beam support under it. Due to this, discharge point (outlet to down take pipe line) came out of this new bathroom. This cut area is accommodated in kitchen & thus made L shaped kitchen instead of rectangular shaped. Since outlet of old bathroom came out, he made new hole in slab & connected to nhani-trap 2 feet away from original discharge point in offset manner. This makes obstruction to flushing of water accumulated in new bathroom, resulted in leakages all over in bathroom & adjacent toilet too. The whole slab got cracks everywhere due to this proposed wall. We suffered a lot till Nov 2009. This resulted in damage of kitchen ceiling too. The kitchen ceiling fell in deep mid night where my family members were slept. They survived luckily. We made many complaints to owner, society committee. Since he was active member of each committee, the committee harassed us in much way. It made skin diseases; reactivate TB of my mother & many others. We were forced to vacate room & to take another room on rent. My mother died in 2011. Since then I am fighting against this with society & member. The Society kept hold of my room’s transfer deliberately for 3.5 years. Society allowed me membership when I complained to deputy registrar. I approach deputy registrar on this issue too but the office showed inability to intervene in this illegal activities of leakages. They put finger on MCGM. I approached MCGM in Oct 2014, made 5 complaints since then. Since no action taken, I raised this issue in Public grievance forum. My society committee started threatening me & told me they would do anything to kill this complaint. In fact they did. All being are from Mantralaya. They influenced & managed MCGM building & factory dept. The MCGM concerned dept didn’t reply to any of my complaint, moreover, trying in making closure report by adding inspection-cum-opinion report of “No Leakage Found”. I challenged them with submitting updated photographs of every week in last 3 months which showed leakages with open eye. They are in denial mode. They are messing with MRTP act, misleading me & their top officials. They have made single paper work as of today which is nothing but of request-cum-letter to the society committee for building’s OC plan. They could seek from their own dept of “Building Proposal”, but they didn’t. They refused to make inspection of upper floor, refused my request on demand of structural audit for this. They were banking on my room’s inspection only. At this week, when I raised in Public Grievance, the concerned engineer, demanded inspection of my room. He made chaos in my room, broken my chair in hectic argument & reported No leakage to Assistant Commissioner . I challenged this & showed real time photographs & demanded why no inspection of upper floor room till date now. The Ass Comm in turn ordered to check thorough of my room first for any illegal structural activities & served me notice. This is the way MCGM behaves with citizen. I made complaint to Sitaram Kunte, no action till date. MC office relies on his office bearers’ report than on me.
I want to sue Society committee, MCGM concerned dept for this mess. It’s sad that I demanding for restoring of bathroom structure as it was sanctioned in plan which is being dismissed by such corrupt way. Please help me how to approach police & court. Tell me about co-operative court whichever may be faster.
Anup Gupta
13 February 2015 at 11:35
Dear Members.
We had filed an application under order 26 of CPC in suit for specific performance, for appointment of Local Commissioner for recording evidence. The said suit is pending before Hon’ble High Court of Delhi and said application u/o26 of CPC was dismissed by Hon’ble High Court as opposite party objected.
Is appeal to be filed against said dismissal order or not and if yes in which provision;
Sec. 104 & Order 43 of CPC is silent about the same.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Cidco transfer
what is the role of cidco transfer in the transfer of property in navi mumbai area ?at the time of purchasing a property, Is it must while taking a Homeloan on that property ? If Cidco Transfer is not done at the time of purchase of the property along with the registered sale deed 7 years ago & the loan is sanctioned by the bank only on the basis of a registered sale deed without demanding the cidco transfer & if the borrower has defaulted on the loan repayment, can the bank or ARC attach the property and sell it in auction to recover its dues without cidco tranfer?then how the cidco transfer would be done without the borrower`s permission?