The district court reserved the judgement for 26 may 2017,
before 26 may 2017 the judge who had reserved the judgement was transferred.
my query?
can the present new judge hear written arguements of the defense counsel even though he has already submitted written arguements.
vinay kala
07 07 2017
dear sir,
my mmother willed the
1. g floor to elder brother
2. first floor to younger brother
and
3. the unconstructed second floor to me.
at that time only two full floors were allowed and so the second floor was left totally unconstructed.
the mother stated in the will that someday municipal laws will allow me to construct a full floor.
i have claimed rights upto sky on the basis of the will.
i would like to cite case laws in my favour.
i have found one asha johri vs neerja rajput of del high court dt 8 may 2014 of chief justice and justice pradeep nandrajog.
i would like inputs on this issue
vinay kala feb 23,15
i applied for a plot of land for construction of a house in dlf township in lucknow.
though the loan is for land purchase, the agrreement states that the house shall be constructed on that land.
am i eligible for rebate of principal on housing loan taken
i am aware that loan is enligible for purchase of a house
this is a case of land for construction untimately of a house in terms of the agreement with the seller, dlf
vinay kala
jan 22,15
dear sir,
my mother willed me the second UNCONSTRUCTED floor of a house at delhi, gf to elder brother and f floor to younger brother.
at that time mcd did not allow more than two and a half stories.
my mother wrote in the will about me , the executor, 'his judgement shall be final on all matters pertaining to the house' while concludeing the 'Immovable prop' part of the Will.
Now that mcd has allowed more floors , I have claimed before delhi high court that second floor upto sky belongs to me.
this is challenged by the brothers.
please advise:-
any case laws in the past that have dealth with such issues wheere roof rights are given but subsequently one can as per bye laws add more floors ?
vinay kala
oct 22,14
dear sir,
in case of a suit for possession filed by me at delhi high court of a residential willed to me thru a probated will, my younger brother has unauthorisedly occupied it and is running a guest house on the floor.
he gave an undertaking in delhi high court that he shall use the floor for only residentail purposes and would pay market rent in case the case is decided against him.
even after cr examination is over, he continues to use the floor as a guest house which has been admitted by him and also proved before the delhi high court thru documents.
my lawyer suggests going for contempt of court.
i find that in most cases the culprit is let off with a warning and also the fine is too little to be a deterrant.
i seek the following information
1. is it worthwhile to go for contempt in this violation in a civil case.
2. how would it benefit my case which is schduled for arguments at del high court inn jan 2014. will it establish that the guest house continues to flourish even after the cr ex and i get mesne profits for this extended period too?.
kindly advise sirs
vinay kala
21 09 13
dear sir,
i filed a suit for possession of the second floor at a house in GK II which was willed to me by my mother thru a probated will. the second floor was unconstructed. my brother who was willed the first floor built temp rooms on sec floor, 3, and is running a successful guest house.
it has been admitted by him that he is running the guest house at rs 4400/- room rent per day from oct 2004. this was at the cr examinaation held in early sept 2013.
he has also admitted a receipt which he issued in october 2004 for rent received at rs 4400/- per day for three rooms.
the advertisements put by him online at sulekha.com has also been admitted by him.
in short it is established that he is running a gh on my sf from 20004.
my present lawyer informs me that dispite this evidence the judge may not consider it sufficient evidence to prove it is a guest house and may grant rent for residence instaed of aguest house.
investigation by three govt departments have also revealed that the second floor is used as a guest house. these documents are all proved, lux tax dep, CIC and the local commissioner appointed by the court.
my query is:-
1. in the circumstances narrated above does the judge really have a leverage to call its used as a residence and not as a guest house?.
2. in case he decides so and I go for appeal my lawyer states that though I shall get possession of the floor, the matter may be kept pending for over 10 years if i appeal?
may i be enlightened on the 2 queries above?
vinay kala
sep 20 13
dear sir,
would someone kindly provide me with a specimen for notice for dishonour of ch for want of funds
thnaking you
vinay kala march 14,13
dear sir,
i would like to know the salient features of the judgement passed by justice b n kripal and justice g s sihghvi in 2008 on landlords rights to evict tenants, even commercial ones
thanks
vinay kala
prch 10.13
dear sir,
i am informed that the latest position in regards to national commission forum is that an rti applicant is not a consumer, reversing its earlier decision.
i also learn that a certain ngo has filed apetition with the supreme court in this connection.
kindly let me know
1. the latest position
2. does the delhi district forum admit consumer complaints under its own bodies like the municipal corporation of delhi
thanks
vinay kala
march 09,13
Mesne profits- cost of construction
dear sir,
my query is :-
I am seeekin mesne profits 3 year prior to filing of the suit for possession and mesne profits. the unauthorised construction be the defendant cost rs 5 lacs , it has come on record in evidence..
I have computed the mesne profits based on rents received by the defendant in unauthorised occupation of my premise of rs 50 lacs based on evidences.
my query is :
can the defendant claim deduction of rs 5 lacs from the rs 50 lacs due to me as mesne profits?
vinay kala
11 03 2018