Shiv
27 August 2014 at 15:57
Perpetual Injunction
In Suit for perpetual injunction filed by plaintiff about a immovable property. Defendant file application under Order 7 Rule 11(d) for rejecting the plaint and application for appointment of Court receiver for immovable property. Learned Judge rejected the Plaint as per Order 7 Rule 11 (d), observing that it is barred by law. Application for Court Receiver was not decided.
Aggrieved by the Judgement Plaintiff filed Civil Appeal in District Court against this order. Now i District Court defendant has again filed Application for Appointment of court receiver. This time in receiver application defendant added list of movable property along with immovable property.
Need Experts views on points mentioned below:
(1) Can application for court receiver be allowed at appeal stage by defendant.
(2) Can defendant add movable properties to the court receiver application as appeal is filed for setting aside orders of lower court for rejection of plaint in suit for perpetual injunction over immovable property.
(3) Whether Exh. 5 be decided first OR application for Court receiver should be decided first.
Please need help urgently.
M Satyanarayana
27 August 2014 at 15:11
Sir/Madam,
I am holding preliminary decree in a partition suit passed by High Court wherein I was given relief for mesne profits from the date of institution of suit i.e. 1979 till final decree which is still pending in the trial court. Defendant has occupied and used the property exclusively for himself and enjoying the property pending the partition suit. I have filed the final decree and mesne proceedings simultaneously and both the I.A.s are pending.
I am living in a rented house pending adjudication of partition and division of property. Can I claim interim mesne profit or any other relief pending final decree or part satisfaction of my claim..
Please kindly advise whether I am entitle for mesne profit before final decree or any other relief during the pendency of the partition suit.
Thanking you,
MSN
anupam sharma
27 August 2014 at 15:09
I was in receipt of letter dated 22.07.2014 to pay punitive charges Rs.15,02,342/- and the annexure to the said letter depicted net chargeable weight as 2757.33 tonns whereas actually the railway receipt no.212000176 duly issued by RAILWAY department clearly states the net chargeable weight as 2652.000.
It is pertinent to mention that the worksheet attached with the demand note shows that 158.300 Tonns of material was excess loaded in the rake whereas the actual material received by my client is 2643.560 Tonns i.e 8.440 Tons short as per the loaded material shown in the railway receipt (2652.000 Tonns). Also, the bill issued by seller shows loaded material as 2650 Tonns.
A letter was received from railway in which it was stated that Railway is not satisfied with report sent by my client and my client is requested to pay punitive charges Rs.15,02,342/- within 7 days otherwise next delivery of consignment of my client will be held up and railway would collect above charges under section 83 and 84 of 1989(Act).
What should I do? Any remedy before railway tribunal?? Or a civil suit lies?? Or direction matter/writ lies before High Court??
pradeepkumar chand
27 August 2014 at 13:41
Sir ,
My mother in laws has purcahed a land out of the money from her parents exclusively & constructed a building on 1/3 portion of land by incurring expenes funded by by father in laws from his salry in come . All the revenue tax , electricity has been deposited in the name my monther in law for last 20 yaers . But in good faith. in advetently in the sale deed on land , the name on wife of First brther & Name of second bother has been mentioned . Both have not contibuted nothing for puchase of land & house . All documents envidecing expenditure incurred by my mother in laws are available .
Can my mather in laws will be able to get relif in court of laws & the ground for her support.
Kindly l
amol
27 August 2014 at 13:35
Sirs I immediately want or need a Copy of Notification Issued by the Govt Of India details of which are mentioned below
notification dated 28-1-2003, which reads as under:
NOTIFICATION UNDER SECTION 2(1)(c)(v):
NOTIFICATION No. SO 105(E), DATED 28-1-2003 In exercise of the powers
conferred under item (v) of Clause (c) of Sub-section (1) of Section 2 of the
Securitisation and Reconstruction of Financial Asset and Enforcement of Security
Interest Act, 2002
I tried level best to get it from google but not getting
Sirs please kindly send the official attachment of the said Notification
Thanks
shyam lal sharma
27 August 2014 at 10:45
Respected learned Advocates,
I want to purchase a property, the property is ancestral property and they have inherited it after the death of their father and one of the owner that is male members divorced his wife and now I want to know the divorced women right over the ancestral property of her husband.
Thanks in Advance
natasha sinha
27 August 2014 at 10:45
my father bought a plot in 1982 in name of two elder sibling(they were minor and not earning at that time) he died inestate.now we two younger sibling( total of 4 siblings) wants our share in property .but Benami Transactions (Prohobition) Act,1988 comes to play
now lawyers says it is not valid in this case as
1. it was a deal in 1982 at that time Benami Transactions (Prohobition) Act,1988 was not there
2. Benami Transactions (Prohobition) Act,1988 is not applicable for family matters as benami is not maintainable due to statutory bar laid down in S.3 (which entails rejection u/o 7 R11) However there is an exception carved out in S.4 of the same act which says that where a property is held by a coparcener of a Hindu Undivided Family, for the benefit of other coparcenors then the same may be recovered.
3 one of the sibling (owner of plot)is ready to give under affidavit that the property is bought by parents with sole intention of building the family house in which entire family lived for 25 years
4.whether a property is benami or not, the Court is usually guided by the following circumstances a) the source from which the purchase money came, b) the nature and possession of the property, after the purchase, c) motive, if any, for giving the transaction a benami colour, d) the position of the parties and relationship, if any, between the claimant and the alleged benamdar, e) the custody of the title Deeds after the sale, and f) the conduct of the parties concerned in dealing with the property after the sale. (Rajinder prashad Malik Vs. Shanti Devi Malik A.I.R. 2003 P & H.26),
please i want every lawyer in the forum to reply (if busy atleast reply whather we younger siblings have any chance of winning the case)
N.J. MISHRA
27 August 2014 at 09:47
DEAR MEMBERS KINDLY GUIDE ME IN BELOW QUERY:
THE QUER IS THAT OUR COMPANY HAVING CERTAIN FLATS IN A BUILDING WHICH ARE BEING USED AS A TEMPORARY ACCOMODATION FOR THE GUEST. THE SAID FLATS ARE SITUATED ON 19TH & 20TH FLOOR OF THE BUILDING.
NOW THE ISSUE IS THAT RECENTLY WE CAME TO KNOW THAT O.C. IS GIVEN ONLY UPTO 18TH FLOOR ONLY AND SINCE THEN WE ARE SENDING LETTERS TO THE DEVELOPERS REGARDING THE ISSUE BUT HE FAILED TO REPLY.
SINCE OUR COMPANY IS PAYING MONTHLY MAINTENANCE AND SINCE SOCIETY HAS ALREADY BEEN FORMED, CAN SOCIETY CAN DO ANYTHING FOR OBTAINING O.C. UPON ARE REQUISITION.
krishna mohan
27 August 2014 at 00:28
Mr" A "has mortgaged his property to Mr'B' and in that mortgage deed it is clearly written that land is being mortgaged for Rs 20000(this is mortgage without posession type)
But on separate bond paper 'A'acknoledges the receipt of 10 lakhs as he really borrowed that money from 'B'
Now 'A'wishes to get released his mortgaged land with court decree by depositing 20000 in court saying that 'B' is denying to take 20000
Is it possible for 'A 'to get his mortgaged land released without really paying 10 lakhs as it is mentioned in mortgage deed only for 20000
Is there any provision that B can link the mortge money and bond paper money and then only liable to release the mortgaged land
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Lease deed & unregistered society
I want to purchase a property from society which is a plot with three storey construction.
My issue here is the owner has carried out lease deed with chief promoter of this co-operative housing society which was proposed society and never got registered. Now chief promoter of society is dead. I have paid some advance to owner but unfortunately the owner too died recently before completion of our deal. Now since both Chief Promoter of unregistered society & Owner both are deceased does this lease deed between them legally hold ground. Now the third party who is in possession of property is claiming that since Lease Deed is illegal as unregistered society is not a legal entity. In case I have to take legal route who has the has the jurisdiction Civil Court or Co-Operative court. Does third party has any valid legal point.