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Ananda Yogi   15 September 2016 at 09:00

Eviction of rented property

FACTS :Rented property in Delhi. Given on rent for Rs. 15000/- per month under unregistered lease agreement for 11 months.Tenant stopped payment of rent after three months. Case filed under section 138 for the bounced cheques.During cross examination, tenant has taken the plea that transaction of the tenant is with the wife of landlord because three cheques were cleared in the name of wife of the landlord. Cheques (duly mentioned in lease deed) given by tenant were blank in name column and by mistake wife put her name in the cheques instead of her husband who is owner of the property and who has executed the lease deed. Further, it is mentioned here that immediate prior to the present lease deed, there was rent agreement between my wife and father in law of the present tenant.In the previous rent agreement, the present tenant has issued cheques of rent on behalf of his father in law.
In the rented property, presently father in law of the tenant is living. One month notice for vacating the flat and premature terminating the rent agreement was issued to the tenant. During the process of vacating the rented property, notice was also issued to the father in law for illegal possession of the flat.

Questions :
1. Whether eviction suit complainant should be landlord only (who is also the owner of the property) who has executed the lease deed Or wife of the landlord should also be made complainant because of the plea taken by the tenant in the case filed under section 138 ( refer my above facts). What are pros and cons in both the situation?
2. Whether father in law, wife and children of the tenant, i.e. all the family members who are living in the house should also be made defendants/party in the case or suit should be filed against the tenant who has signed the lease deed. what are pros and cons in both the situation?

Anwar Shaikh   15 September 2016 at 01:01

Landlord want vacant his flat

Dear Sir,
I took a flat on rent with 11 month agreement next month my agreement will over and my landlord want vacant his flat. But I want to extend agreement but he didn't want. My agreement not registered as per maharastra rent Act, only agreement on 500 stump paper with 11 month.
I need a any legal so I can extend my agreement or any other support their my landlord can't vacant that flat

Anonymous   15 September 2016 at 00:49

Advice

Sir
My father is a victim of ipc 420 and he was on bell but he have not been attending his pesi since 2009 and announced as farar and caught and send to jail.
What should i do now for bell?

Sanjeev Ranjan   15 September 2016 at 00:26

Section 498A

Sir I am suffering from false case filed by my younger brother's wife under sec 498a, where the name of husband is not included in the case only I, my wife, mother and my father is charged in this case. She filed f.i.r and case in the civil court because she wants to acquire my property. Please suggest what can I do...

Kishor Hajare   14 September 2016 at 23:25

Mortgage Property

Dear Experts,
My client brought a property at mumbai from builider in the year 2013 by paying entire consideration. The possession was handed over to my client however surprisingly in the year 2015 the Bank served a notice u/s13 of SARFEASI ACT against my client stating the builder mortgaged the property in the year 2012 with them. The mortgage deed was not registered. At the time of purchase my client took search and issued public notices but nobody came forward but now bank claiming the property. Bank has also obtained the possession order from CMM. I have filed Securitisation Application before DRT against Bank and builder. What should else i do to protect my clients right title intereat in the said proerty. Please guide.

Fateh   14 September 2016 at 20:36

Cross examining own witnesses

Resected experts
My wife is leaving in adultery and is heaving a son 18yrs of a. In my divorce case I requested my lawyer to summon this boy and cross examine him. But my lawyer told me that we can not cross examine own witness.
Pl guide me how I can cross examine own witness.
Pl give court order reference

Thanks

MahendraKumar.H.Trivedi   14 September 2016 at 20:26

Investigation compliance

Please read CBI IN TRAILING MAIL

Jatin   14 September 2016 at 20:23

Use of forged document in court

I have a case u/s 420 , 468 , 471 by my ex employer , the company has one director on papers and his wife along (business of interior designing) wife is the actual person who runs designing business and husband is only a paper director and actually has no contribution , now coming to the query in this case challan has been prepared and a copy provided , in the evidence as proof of employement , they have given offer letter and expierience letter , now who wife is not a director has signed with the company seal as director for offer letter which has differennt details as mentioned by husband in experience letter , like date of joining , designation . so it is clear two date of joining and two designation cant exist for same person ,plus how can wife sign an offer letter as director which she is not , how can this forgery be dealt with ? they are putting forgery sections , is this not forgery ?

MahendraKumar.H.Trivedi   14 September 2016 at 20:22

Investigation compliance

Dear Sirs
I am a valuer and executed valuation for a PSU bank's defaulter's heavy truck
Defaulter was a fleet owner and huge loans were given for large number of identical truck's purchased around same time In 2012 . BANK asked me to evaluate defaulted one truck on sample basis.
Because of huge amounts involved later mater is being investigated by ClBI bank fraud cell 400 km.from my place / bank's bramch
I received a request from cbi inspector to appear personally on given date and time. ( much away from my place)
I am no way involved in any wrong doing. I received request by mail and phone and it all appears to be genuine.
Mail is in form.of request but on phone officer was officious
How far I am obliged to appear in your opinion and can I seek some time as date given is not suitable.

VIJAY KANTHI   14 September 2016 at 19:36

Cross examination stage under CPC

In a suit for breach of contract, Affidavit for Chief Examination filed listed 8 Exhibits, 7 No of Docts marked Slim. NO.8 didn't marked due to xerox copy, Now certified copy obtained through Memo filed.
Now, does any other petition required to file.
Hon'ble Judge said something to file which my colleague was not heard properly.