dhanu
09 October 2014 at 11:51
dear sirs/experts,
I am the Plaintiff in person I have filed the suit with other applications.I will grateful if any one provide me the suggestion regarding written argument verses oral argument of my defendant lawyer, I need to know that can I say to the Judge to consider my applications and rejoinders as the written arguments please tell me the civil procedure code for the same and can i give citation with written argument.
regards,
Dhananjay
mahesan
09 October 2014 at 10:53
A marriied b and b as first wife of A. A and b had son and daughter. B dire few 20 years back. A married c as second wife and no child to A anc C. Adied one yearr back. A hadd self acquired property and he had his father propertty separately. Son daughter and second wife what entitled shares in A's bboth properties?
Senthilkumar
08 October 2014 at 23:56
Dear Respected Sir's, My father had 3 brothers and they all were enjoying the ancestral properties jointly. By 2007 there was a POA created by an person fraudlently showing that My Grand father had only one son and by using that certificate he got an POA on one property and executed sale deeds on 3 other properties. Once we came to know that we cancelled the POA immediately in 2007 and sent notice through register post to him and paper publication. This was registered at SRO as well. Then also he sold the property to other person in 2009.
And He sold the other 3 properties to 2 different persons in different year. Now we wanted to file an Civil suit. We have all the necessary documents ready. My grandfather has 4 legal heirs, but they sold the properties by using false certificate stating that he had only one son. Just wanted to know how this will turnout..Do we loose 1/4 share on all the properties?. What will happen to the Sale deed which was executed after the cancellation of POA.
Thank You!
PAVAN KUMAR AKA
08 October 2014 at 22:38
My friend filed one E.P. for recovery of money and got attachment of retirement benefits of J.Dr. But at the request of the J.Dr as the Garnishee attached the full amount more than the warrant amount and at the request of J.Dr, my friend not pressed the E.P., as the J.Dr promised to pay off the due, immediately after release of pensionary benefits. The E.P. was not pressed. But to his bad luck, immediately within 3 days from the date of not pressing the EP and communication of the said information to the Garnishee, the J.Dr demised. Now what is the relief to my friend. Can be file restoration of that not pressed EP by stating the all facts. Is there any citation to that effect. Please do needful.
S.N.Derashri
08 October 2014 at 21:48
Thanks and regards to all experts who have viewed my query.
I request to reply my query. Quoting Citation is not a condition precedent for reply. I only want to know the legal position in this case. Am I right to suggest the person to approach the Consumer Fora for redressal.
JAYALAKSHMY RANGANATHAN
08 October 2014 at 20:54
Dear Sir,
A plot was purchased in Chennai and the full purchase consideration was paid. Sale deed was executed and the original sale deed along with the copy of the will was handed over to the purchaser. Wen a ad was placed in the newspaper regarding the purchase, 4 people raised objection asking for more compensation. The land was jointly owned by 16 people. we tried sorting the issue personally but no positive outcome . Kindly advice how to go about in this situation. Is this a probate issue ? Taking action legally, will it be feasible? If action is taken legally, what is the time period it will take to come out of the issue as at present we are unable to enjoy any rights attached with the property.
Thanks.
Upasana
08 October 2014 at 17:57
Dear Sir/Mam,
Please guide me as regards the following query:
Can an application for Condonation of Delay be filed in a Complaint filed under Section 138 of N.I. Act after the complaint has been filed and summons have been issued? Reply of the opposite party has not yet been filed.
Arun Gudikandula
08 October 2014 at 15:50
I want to let out the first floor in my house to a family for residential purpose but I do not want any future litigation of tenant under the pretext of avoiding to pay rent and refusing to vacate the premises when I require it for my personal use.I have got a draft agreement which I intend to get registered with clauses suitable to me which I am mentioning below in this post.Please suggest changes and correction.
Rental Deed
This rental deed is executed on Dt : at Hyderabad by Sri. Arun Gudikandual, Landlord s/o Sri Raghava Gudikandula aged about 45 yrs R/o 1-2-64/A/1,Narayanguda,Hyderabad - 500 027and between
Sri T.N.Rajeevan
Tenant herein after called first party which term shall means and include his heirs, assignees etc.
IN FAVOR OF
Landlord herein after called as second party which term shall mean and include all of her legal heirs, agents, assignees etc.
Whereas the landlord is the possessor of premises on the first floor of the house at 1-2-64/A/1,Narayanguda,Hyderabad - 500 027, comprising of four rooms measuring 16” X 10 “ ,14” X 12”,16” X 10”,a hall measuring 17” X 16”,two bathrooms measuring 6” X 10” ,10” X 8” and two balconies.
Whereas the First Party/Tenant has approached with the offer to let out the above premises on monthly rent of Rs 12,000 for eleven months
Whereas the Second party/Landlord accepted the offer of the First party/Tenant and let out the premises from 15th Oct,2014 on monthly rent of Rs 12,000 per month.
NOW THIS AGREEMENT WITNESSETH AS UNDER
1) That the second party accepted to let out the above premises on monthly rent of Rs 12,000 per month. That the first party agreed to pay the rent regularly and promptly on or before 10th of every month in advance.
2) That on payment of monthly rent to the landlord, the landlord will issue rent receipt to the tenant, the claim of payment of rent without any receipt will not be entertained at any point of time.
3) After completion of the period mentioned in this agreement. The landlord may either extend the tenure of the agreement or ask for vacating the premises. In the case of renewal of agreement the Tenant/First Party has agreed to enhance the rent by 10% on existing rent.
4) The tenant shall pay an amount of Rs 36,000/- as a total rental deposit. The rental deposit shall be repaid without any interest only when the tenant vacates the premises without any claims, charges and dues etc in other case the deposit stands to be adjusted for the amounts due and payable by the tenant.
5) In case the tenant fails to pay the rent for any two months the tenancy shall be deemed to have been terminated and the tenant is liable to vacate the premises immediately.
6) This agreement is only for eleven months and can be renewed only on the consent of landlord or by mutual consent.
7) This agreement can be terminated by 6 calendar months notice given by either party.
8) The tenant shall not carry out any activity other than the prescribed one. If the tenant does any other activity than the prescribed one he shall be liable for eviction without further notice.
9) In case, the tenant vacates the above mentioned premises prior to and or before the expiry of the above definite initial rent contract period of eleven months, he shall make good, pay and compensate to the landlord, the rent thereof, together with and in addition to the rent of the due notice period, prior to his such proposed interruptions and ultimately vacating the same.
10) The tenant shall keep the premises as it is handed over without any damages or alterations and he shall keep the premises clean and maintain hygienic conditions.
11) The tenants shall use the rented premises for residential purpose only and The premises shall not be used for any other purpose other than what the tenant has agreed to use it for.
12) If the landlord wants the tenant to vacate the said premises at anytime, the tenant shall be given Six months calendar notice by the landlord. Therefore on receiving the above said notice from the landlord the tenant shall vacate the said premises before the end of the said stipulated notice period. If the tenant fails to vacate after stipulated notice period, he will be liable to pay the damages by way of mesne profits.
13) That the premises and the surroundings thereof shall be kept absolute neat, clean and would be maintained well by the tenant. That the electrical, sanitary water fittings, tap and the other fittings shall be maintained well, carefully used and would not be put to any damages or harm. In case if any of the above is found to be damaged the tenant shall make the said damages good by paying for it or by replacing it, at his cost. The tenant shall be fully responsible for all these above in his premises. He shall handover all these in a perfect condition as before, at the time of vacating the premises. No Dirt or rubbish would be left by the tenant. That the flooring and the walls of the rooms occupied by the tenant shall not be disfigured or damaged.
14) That the additions and alterations to the premises which are necessary will be done by the landlord and the tenant will not have any objections to the landlord or her legal representatives to inspect the premises. The tenant undertakes that he will not make any additions or alterations to the premises without the written consent of the landlord.
15) Most cordial relations, good neighbourly behaviour, polite manners shall be adhered by the tenant including his employees, customers and related people without causing any inconvenience, annoyances etc to anyone.
16) In case of any disputes relating to this rent contract agreement, it will be subject to Hyderabad Jurisdiction only.
Both the parties affix their signatures to this deed, on the 15th day of October, 2014.After the execution of this deed and the delivery of the above to the landlord. The tenant/Second Party has occupied and taken the said premises on 1st floor of the House 1-2-64/A/1,Narayanguda,Hyderabad - 500 027 in his possession on the 15th day of October, 2014.
Hyderabad,A.P Tenant Landlord
Dt: 15-10-2014
Please suggest changes and correction.
Arun Gudikandula
08 October 2014 at 15:36
I want to let out the first floor in my house to a family for residential purpose but I do not want any future litigation of tenant under the pretext of avoiding to pay rent and refusing to vacate the premises when I require it for my personal use.I have got a draft agreement with clauses suitable to me which I am attaching to this post.Please suggest changes and correction.
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Order 2 rule 2 cpc
Sir.
We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between heirs of grand mothers which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded in 1993, and execution of town properties is also completed and the properties are in joint possesion but for revenue part of the decree final decree is completed in 2011 and is pending Regular appeal no 48/2011 only for other part of decree concerned with revenue properties only..
our grandmother along with her sister is in joint possesion of town properties.
First we filed an interlocutory application in FDP court to delete these grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court it is also upheld the view expressed by FDP court then only we filed declaratory suit.
Then 2 daughters filed a declaratory suit against predeceased sons children seeking declaration that only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter... hence we filed a new partition suit for seperate possesion of our 2/3 share in town properties of our mother which are in joint possession with predeceased sons children from past 20 years.
Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judege has confused with the appeal pending for revenue properties but the FDP court has already rejected our claim to determine our shares in case if town properties then where we have to go to divide our joint town properties. It is not like we directly filed partition suit.
Can we file a review petition to clear the misunderstanding of the judghe insteading of directly going to appeal..
thanks
Ali