kayskhan
17 June 2014 at 15:21
01:- Sir an eviction suit is pending Before the Honble Court of 2nd Additional Munsif Srinagar last from 17 years waiting for justice
That plaintiff is owner and possession of the house by virtual of sale deed executed by Chandra Kanta a lady through my father as attorney holder and said attorney is executed dated on
16-04-1996 at Jammu and one namely Chandra Kanta/Poli and her sons Rakesh Kumar Sharma (Billoo) and Rajesh Kumar (Papu) the son’s of Chandra Kanta wife of Late Dawarka Nath have signed the attorney as witness before the sub registrar Jammu and authorized my father to execute the Sale deed dated7-11-1996 and same sale deed is registered by Sub Registrar Srinagar dated on7-11-1996 have by way of said sale deed plaintiff my mother became the absolute owner of the property which comprised of two storied house and a shop in its ground floor which had been in the rental possession of defendant/ Tenant Mohd Amin Gojwari S/o Mohd Sultan Gojwari Allis Darzi
02:- That on dated 6-06-1996 defendant/Mohd Amin Gojwari executed rent deed with regards to the rental shop with plaintiff/landlady and rent fixed There at Rs.100 P.M it was also agreed the rent will be enhanced at the rate of 15% per annum regularly and of being the son witness to said rent deed was signed by the Bazaar Committee members
Shopkeer and plaintiff/landlady and the rent was signed by the plaintiff with his consent without any force hence the rent deed is valied in the eye of law.
03:-That till date defendant/Mohd Amin Gojwari failed to pay the rent towards plaintiff/landlady Mst. Wazira Khan from the date of execution of the rent deed dated 06-06-1996
04:- That I being son of landlady/plaintiff that my brother and myself regularly approached to defendant/Mohd Amin Gojwari for demanding the rent from defendant/Mohd amin Gojwari and he did not pay any rent till date towards the landlady.
05:-That defendant/Mohd Amin Gojwari instead of paying rent towards plaintiff/landlady and he filed fake suit of declaration and mandatory injunction against plaintiff/Landlady and my father also without any cause and justification.
06:- That the plaintiff/landlady/my Mother is a totally physically handicapped from 22-03-1990 Right Leg Amputation 80 % physically handicapped lady and heart patient women recently operated.
due to radial week chronic chest cough patient should not be stable more than 10 mints she cannot bear any kind of Noise, tension depression & pressure raise and defendant/Mohd Amin Crossed every limit and harassing the plaintiffs/landlady and our self without any rhyme and reason and the defendant/Mohd Amin filed fake suit of declaration and mandatory injunction against plaintiff/Landlady.
07;-That I know the Chandra Kanta last from my child hood and she was the actual owner of the said property/shop the defendant /Mohd Amin filed fake suit of declaration and mandatory injunction against plaintiff/Landlady without any cause and justification.
08:-That defendant /Mohd Amin Gojwari unnecessary harassing the plaintiff/landlady and wants to grab the whole property of the plaintiff/landlady and grab the shelter of ours and the defendant blamed on my father he is an X-army men It may be pertinent to mention over here that my father was working in Jammu and Kashmir Bank since from my birth and retired on dated 01-04-2013 from J&K Bank and after the retirement of father we have no source of income accept said shop and we wants to said shop for personal use.
09:-That the defendant /Mohd Amin harassing our family without any rhyme and reason and denial the title and he has no rights being the tenant and liable to evicted from rental premises for not paying rent and for denial of the title unnecessary without any cause and justification
That I request your good self That the last hearing hon’ble Court directed to tenant for Jumlah Gawah/official witness related in this matter but he failed submitted only his evidence along with three on affidavit and the court of law continued warned to tenant for Jumllah Gawah/official witnesses but he failed again and again to call his witness to the front of court and applying tact’s of delaying and submitted an application does not have control over his witness but the court not accepted application That I clear to hon’ble Court the witness are fake and one more tact the he is not in the position to bring the witness of his own before the hon’ble court and already deposited the diet expenses before the court I need to request to the front of law the tenant is not in poor condition he is very claver he is a good Gents tailor Master at Maharaja bazaar and earns more than Rs. 3000 Thousand per day behind gents suit stitch and cleverly write I am depositing the diet expenses to the front of law and mentioned in application he has not any control over the said witnesses this the whole cleverness of tenant I clear to hon’ble court the whole witnesses are fake That the concerned court of law already has published notices in daily newspapers, seeking appearance of the parties in the case, but they have failed to appear before the court of law because they are not parties.
15:-That tenant unnecessary harassing the landlady and wants to grab the whole property of the landlady and wants to grab the shop of innocent family
16:-That now I prayed this honble court tenant has no rights being the tenant and is liable to be evicted from the rental premises for not paying rent and for denial of the title unnecessary without any cause and justification.
That in the matter of application seeking indulgence of court for issuance of appropriate orders restraining the defendant from allowing Change/Modifying the structure of the suit shop that the past time the non applicant is bent upon changing the basic structure of the suit shop under the grab of minor repairs. That this may be noted by the honb’le court that the residential place of the non applicant is just above the suit shop supported by old wooden pillars and any attempt to temper with them or the ceiling will result in the collapse of the entire premises. That we repeadly trying to convey this logical aspect of the situation but the non applicant with motive of ill will and malice toward the plaintiff/applicant has wicked intension and one tact he applied he called the witness through saman but they are not in the list which was submitted by him my request is can the court will permission to him for repair the said disputed shop or not can court accept the witness or not and the present Judge passed an order the parties are same one suit is injuction and other one is eviction since the subject matter involved in the both suit the suit is same and parties are same the suit for disposal let the both files be clubbed and directed to office In the premises it is therefore prayed that your noble self be please guide me into the matter and see that justice my question is only can court will permission him for repair the shop during case/dispute please guide us we are very worry.Please guide us that will be yours most kindness
Member (Account Deleted)
17 June 2014 at 12:05
Dear Sir/Madam,
I am from, Thiruvallur District, Tamilnadu- Hindu family:
My inherited grandfather’s land (ancestral property) partition was held in year 1984 with my father and his brother also my only brother (deed with 3 persons), when I was 6 year old only minor daughter and my brother also 3 year old minor. But my brother name only mentioned in the deed without my name also my father singed himself and behalf for his minor son (3 year old). I was married in the year 1998. My brother has 33 years old major now, but he still not claim or divide (separate) his portion in this land. I checked records in V.A.Office and Taluk Office computer chitta, still my father named only record. So, can I claim equal share (same as my father and my brother also me) in this land as per Hindu amendment law 2005? Hence, I kindly ask you give me your valuable advice to claim my share in this land.
Thanking you and expecting your kind advice.
Sujatha
Bulu
17 June 2014 at 09:15
I have executed one register agreement between me and land lord to purchase one flat in the 3rd floor of the land lord residence on 29.02.2012in Guwahati DC office and paid Rs.650000/-. But due to some of my personal problem want to cancel the agreement on 09.05.2012 by lawyer notice . Also it is as agreement clause no.19 which is “That in case this agreement becomes void or is cancelled, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges. The Second party shall have no claims for compensation or damages or for deficiency of service. The Second party shall also have no claims whatsoever upon the building and/or the land.”But land refused to make payment after deduction . when I proceed for arbitration as per clause “That any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; in exceptional cases it will be resolved by arbitration as per law.” My lawyer and arbitrator discussing( no court Number )and spent 2year. Then I applied to court for arbitration . But land filled one objection as one discussion / arbitration (totally outside the court discussion between lawyer and arbitrator). JUDGE VERDICT will come in the month of July-2014 regarding whether it will proceed by court or one discussion / arbitration. If it is discussion / arbitration then 03 year will spent and I will unable to file suit. Please guide me what I should do
Dr. MPS RAMANI Ph.D.[Tech.]
17 June 2014 at 07:25
We are co-operative housing society in Mumbai and we are looking for a competent lawyer for recovery of dues from members under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The lawyer should have his Office or Residence in the Fort area of Mumbai and must have email facility.
I request the lawyer to contact me at mpsramani@gmail.com or on 7738958131
Ria
16 June 2014 at 22:53
Respected experts,
Can I file a Vakalatnama on the basis of knowledge that a person has filed a plaint and has moved for exparte order against me?
Will the court accept my Vakalatnama?
Regards,
Ria
Abhijeet
16 June 2014 at 19:26
Dear Members i send a notice for recovey of amount to NPA account holders, but date in the notice for the payment of amount is wrongly mention back dated. what effect of notice as per law
GANGAM.RAJENDER.
15 June 2014 at 18:26
respected sir,
the property belongs to ancestral property.
the property belongs to the person XX.
THE PERSON XX WAS DIED IN THE YEAR 1948 and intestate was devolved her three sons (i.e Y1,Y2,Y3). THEY GET THE PROPERTY AS ORAL PARTITION AMONG THE SONS.
the elder brother (Y1) had one son(S1) and one daughter (D1) AS Y1 sold the property in the year 1969 with registered sale deed as without consent of the son and daughter at that time daughter (S1) WAS major and the son (S1)WAS minor.
in the REVENUE RECORDS Y1 name has been continuing and after his demise the son(S1)HAS been continuing in the revenue records and pass book and title deeds are in favour of Y1'S SON (S1).
THE EXECUTENT AND THE CLAIMANTS OF THE SALE DEED DATED 19/6/1969 WERE DIED AND ONLY ONE WITNESS IS ALIVE,REMAINING WERE DIED.now the witness saying that i never signed in the sale deed and disputing the sign in the sale deed .
THE successors of the sale deed filed the declaration suit against the executant's son(S1) IN THE YEAR 2006.
Q1. According to hindu succession act 1956(andhrapradesh amendment act 2005 or 1986) section 6 and section 29A the female daughter has any right in the property as SHE WAS BORN AND MAJOR AT THE TIME OF ALIENATION OF THE ANCESTRAL PROPERTY.
Q2. IS SHE ENTITLED TO COPERCENER RIGHT IN THE FAMILY AND HER CHILDREN HAVE ANY RIGHT IN THE PROPERTY,WE NOT IMPLEADED IN THE SUIT,IF ANY RIGHT WE WILL BE IMPLEADED.
THANK YOU SIR,
IF ANY CITATIONS REGARDING THIS ISSUE PLS PROVIDE SIR.
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Ria
15 June 2014 at 16:00
Respected Experts,
Can a car park be rented out by the person to whom the car park is alloted ?
Would such renting of common property be valid as car park is not salable and is not subject to absolute ownership of any member of society ?
Please advice.
Ria
15 June 2014 at 15:56
Respected Experts,
I live in an apartment and had parked my car in an empty covered car park allotted to another person not having a car as car park is a common area.
However the other party managed to get an exparte injunction stating that that it is urgent and he will be subject to great loss if I park my car in the space alloted to him, however he does not use that space.
Please guide.
PEER MOHAMED
15 June 2014 at 15:28
Dear Sirs,
Good day!
I need your expertise / valuable advice on vacating the Encumbrance filed on 10.03.2008 by the Sales Tax Department as per the Distraint Order(form 1, under sec 8)of the CTO dtd 07.03.2008 against the recovery of Sales Tax Dues from the previous owner of the property, which mortgaged property was taken possession by the bank on 11.03.2004 & on 23.01.2007 itself under sec. 13(4) of SARFAESI Act 2002 and was sold by 'Tender cum Auction Sale' to one 'X' by the bank on 31.01.2008, on 'as is where is' & 'as it what is' basis a 'Sale Certificate' dated 22.02.2008, which property was further sold by 'X' to me on 05.12.2012, when we noticed the Encumbrance on the property.
Sir an eviction suit is pending before the honble court of 2nd additional munsif srinagar last from
01:- Sir an eviction suit is pending Before the Honble Court of 2nd Additional Munsif Srinagar last from 17 years waiting for justice
That plaintiff is owner and possession of the house by virtual of sale deed executed by Chandra Kanta a lady through my father as attorney holder and said attorney is executed dated on
16-04-1996 at Jammu and one namely Chandra Kanta/Poli and her sons Rakesh Kumar Sharma (Billoo) and Rajesh Kumar (Papu) the son’s of Chandra Kanta wife of Late Dawarka Nath have signed the attorney as witness before the sub registrar Jammu and authorized my father to execute the Sale deed dated7-11-1996 and same sale deed is registered by Sub Registrar Srinagar dated on7-11-1996 have by way of said sale deed plaintiff my mother became the absolute owner of the property which comprised of two storied house and a shop in its ground floor which had been in the rental possession of defendant/ Tenant Mohd Amin Gojwari S/o Mohd Sultan Gojwari Allis Darzi
02:- That on dated 6-06-1996 defendant/Mohd Amin Gojwari executed rent deed with regards to the rental shop with plaintiff/landlady and rent fixed There at Rs.100 P.M it was also agreed the rent will be enhanced at the rate of 15% per annum regularly and of being the son witness to said rent deed was signed by the Bazaar Committee members
Shopkeer and plaintiff/landlady and the rent was signed by the plaintiff with his consent without any force hence the rent deed is valied in the eye of law.
03:-That till date defendant/Mohd Amin Gojwari failed to pay the rent towards plaintiff/landlady Mst. Wazira Khan from the date of execution of the rent deed dated 06-06-1996
04:- That I being son of landlady/plaintiff that my brother and myself regularly approached to defendant/Mohd Amin Gojwari for demanding the rent from defendant/Mohd amin Gojwari and he did not pay any rent till date towards the landlady.
05:-That defendant/Mohd Amin Gojwari instead of paying rent towards plaintiff/landlady and he filed fake suit of declaration and mandatory injunction against plaintiff/Landlady and my father also without any cause and justification.
06:- That the plaintiff/landlady/my Mother is a totally physically handicapped from 22-03-1990 Right Leg Amputation 80 % physically handicapped lady and heart patient women recently operated.
due to radial week chronic chest cough patient should not be stable more than 10 mints she cannot bear any kind of Noise, tension depression & pressure raise and defendant/Mohd Amin Crossed every limit and harassing the plaintiffs/landlady and our self without any rhyme and reason and the defendant/Mohd Amin filed fake suit of declaration and mandatory injunction against plaintiff/Landlady.
07;-That I know the Chandra Kanta last from my child hood and she was the actual owner of the said property/shop the defendant /Mohd Amin filed fake suit of declaration and mandatory injunction against plaintiff/Landlady without any cause and justification.
08:-That defendant /Mohd Amin Gojwari unnecessary harassing the plaintiff/landlady and wants to grab the whole property of the plaintiff/landlady and grab the shelter of ours and the defendant blamed on my father he is an X-army men It may be pertinent to mention over here that my father was working in Jammu and Kashmir Bank since from my birth and retired on dated 01-04-2013 from J&K Bank and after the retirement of father we have no source of income accept said shop and we wants to said shop for personal use.
09:-That the defendant /Mohd Amin harassing our family without any rhyme and reason and denial the title and he has no rights being the tenant and liable to evicted from rental premises for not paying rent and for denial of the title unnecessary without any cause and justification
That I request your good self That the last hearing hon’ble Court directed to tenant for Jumlah Gawah/official witness related in this matter but he failed submitted only his evidence along with three on affidavit and the court of law continued warned to tenant for Jumllah Gawah/official witnesses but he failed again and again to call his witness to the front of court and applying tact’s of delaying and submitted an application does not have control over his witness but the court not accepted application That I clear to hon’ble Court the witness are fake and one more tact the he is not in the position to bring the witness of his own before the hon’ble court and already deposited the diet expenses before the court I need to request to the front of law the tenant is not in poor condition he is very claver he is a good Gents tailor Master at Maharaja bazaar and earns more than Rs. 3000 Thousand per day behind gents suit stitch and cleverly write I am depositing the diet expenses to the front of law and mentioned in application he has not any control over the said witnesses this the whole cleverness of tenant I clear to hon’ble court the whole witnesses are fake That the concerned court of law already has published notices in daily newspapers, seeking appearance of the parties in the case, but they have failed to appear before the court of law because they are not parties.
15:-That tenant unnecessary harassing the landlady and wants to grab the whole property of the landlady and wants to grab the shop of innocent family
16:-That now I prayed this honble court tenant has no rights being the tenant and is liable to be evicted from the rental premises for not paying rent and for denial of the title unnecessary without any cause and justification.
That in the matter of application seeking indulgence of court for issuance of appropriate orders restraining the defendant from allowing Change/Modifying the structure of the suit shop that the past time the non applicant is bent upon changing the basic structure of the suit shop under the grab of minor repairs. That this may be noted by the honb’le court that the residential place of the non applicant is just above the suit shop supported by old wooden pillars and any attempt to temper with them or the ceiling will result in the collapse of the entire premises. That we repeadly trying to convey this logical aspect of the situation but the non applicant with motive of ill will and malice toward the plaintiff/applicant has wicked intension and one tact he applied he called the witness through saman but they are not in the list which was submitted by him my request is can the court will permission to him for repair the said disputed shop or not can court accept the witness or not and the present Judge passed an order the parties are same one suit is injuction and other one is eviction since the subject matter involved in the both suit the suit is same and parties are same the suit for disposal let the both files be clubbed and directed to office In the premises it is therefore prayed that your noble self be please guide me into the matter and see that justice my question is only can court will permission him for repair the shop during case/dispute please guide us we are very worry.Please guide us that will be yours most kindness