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surendar   13 July 2014 at 21:43

Forgery of vakalat in rent control act

my landlord had filed an application for fair rent in lower court wherein i had succeeded. landlord filed an appeal before the appellate authority and without serving on summons to us had stage managed to file a forged vakalat and got an ex parte order. and filed an execution petition. what would be my remedy as the appellate authority has dismissed my application saying that it was an contested case, where as we had not contested the case and the vakalat filed is only forged one? how do I prove my innocence as the forged document is in the custody of the court.

ckanta   13 July 2014 at 20:52

Property dispute

Hi,
I have acquired one property by way of gift deed from my mother in year 2000 and she had acquired by way of relinquishment deed executed by me and my brother in 1991.however we are residing the property jointly since birth .even after the gift deed in my favour I have allowed my brother to live in the property as a licencee but now i have filed a case for eviction from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.what are the prospects that he will succeed in his plea. My gift deed and Relinquishment deed are registererd docs.Is adverse possession applicable in joint family proprty.what are the conditions for the same.

Thanks in advance

sonal   13 July 2014 at 16:07

Urgent advice

Helo experts,

Hope you all are doing good..

i want to know that if file a case for temporary and permannet injunction and court dismiss it, dont order injunction, then what is the remedy?

also if one party gets injuction against us then what second party can do?
appeal or revison against injunction order?

Thanks sir

KNCHANDRASHEKAR   13 July 2014 at 15:21

Land tenancy illegal/to be quashed and restored

4 acres land tenancy under LRF given to a lady who died later on and her son a drunkard cleaner cum driver took over as heir and he also died.It was during 1974-75(tenancy conferred by AC land tribunal).Writ petition filed and ordered for review and again it was confered rights to cleaner(not belonging to sc/sc)during 1987.Later the heir sold land to a christian father who is eager to build church now.Land which was cultivated upto 1974 by original owner was bought in 1953 and records/RTC are upto date from 1953 to 1974-75 and taxes paid.Since land was not cultivated after 1974 till 2014 and unscrupolous hands are trying to build church--is it possible to bring stay/injunction and cancel tenancy at this stage? what are the chances and how to go about this 100% genuine case?

Pardeep Kumar   13 July 2014 at 11:07

plaint without prayer part

R experties
If a plaint presented in the court in which prayer part is missing. Can court allowed to amend the plaint and add prayer or court will dismiss that suit.

Drumika Sheth   13 July 2014 at 08:09

What are the stages of a civil trial

what are the stages of a civil case whether its money suit or a property case

Pradeep Kumar   13 July 2014 at 02:30

Advice required - approach road

Sir,

We stay in Munnekolala, Bangalore. In 1996, our lay out was formed and all the residents purchased the sites from 1996. One of those is myself. At that point of time, in the lay out sketch (which was hand-drawn), an approach road connecting to our lay out to main road. The road runs parallel to School compound wall. This road was in use till 2012. One day, we realised that there are Two survey number properties adjacent to our lay out and landlord adjacent to main road has constructed a compound wall and blocked the main access. We realised that we got cheated by shown road by our lay out landlord. To discuss anything on this, our lay out owner is no more. All the residents are from different parts of country and no localites.

This has become a huge concern to all of the residents (75 houses & 200 families including tenants) as we have to go around in a circle to reach main road with almost 1.5 km to cover in place of 40 meters. Senior citizens, Students, Women, employees, etc all are facing difficulty in running this distance to catch autos, school bus, BMTC buses, etc. Also, Since roads are narrow with 15 ft width, moving in this single road is becoming an inconvenience every once of us. May please see attached sketch, please.

We have approached the owner multiple times who has to remove the compound wall and opening an area of 20 ft width X 28 ft length. The owner is adamant in asking alternative site on main road and does not want to sell for some price. Approached BBMP authorities on reason of civilian life inconvenience but nothing is happening from their end.Even approached BBMP commissioner and presented our case for a needful. Still in vain.

We have stuck in the way forward to resolve our issues. On scrutiny of village map, one interesting thing we found that there is pedestrial road (kali dari) shown in the map that runs from marathahalli main road to munnekolala center. But currently, it appears in patches as at some places houses have come-up.

Would you kindly advise for the below please.

1. In view of the reason of 'public inconvenience' whether BBMP can acquire or purchase this small piece of land (though we are ready to bear the land cost to the owner). This will relieve 200 families issues. If so, whom we have to approach.

2. If BBMP says they cannot do anything, whether all residents can approach legal help; we have only reason of "survival pain" without the approach road.

Really we are in a confused state. Please advise sir.

Regards,
Pradeep
Bangalore

Jiten Subhash Mhatre   12 July 2014 at 23:57

cancellation of registered agreement to sell

Party x registered agreement to sell with party y and received complete consideration at time of registration but after party x know that party y only paid amount which mentioned in agreement to sell but party y didn't paid remaining amount as per market rate. now party x want to cancellation of agreement to sell.

Party y promised to give full consideration after registration of agreement to sell but both party had have any written MoU

Any way to cancel this registered agreement to sell?

Neeraj Kumar Giri   12 July 2014 at 23:50

Nation coal wages agreement ix

Dear Experts,
Kindly advice me :

Definition of "Dependent" as per NCWA IX.

Thank You.

Kuldeep   12 July 2014 at 18:54

Common judgement in multiple writ petitions of high court

51 writ petitions were filed in pensionary benefits revision case of fixing cut off date. High court delivered common judgement in favour of pensioners. State filed LPA in only four writ petitions. I was petitioner in other wp .I filed contempt petition to get implementation of decision of common judgement, it was dismissed saying that common judgement has been stayed in lpa. I filed application to include me as respondent in lpa which was dismissed. Now HC has allowed lpa in favour of state. Can now I file slp in Supreme Court against lpa judgement? I was not respondent in lpa but judgement has direct effect on me.