Suresh Babu Rai
07 December 2014 at 17:23
Dear Experts!
Sub: - Matter under rent control Act.
Respected Sir, I have sent a legal notice to a tenant stating that my client is the absolute owner of a House and the addressee is the tenant. The premise is taken on lease to carry out addresee commercial activities on September 22nd 2011, but orally agreed on August 01st 2011. Therefore, the tenancy commenced in the month of August 01st 2011 and the rent is fixed at Rs.1, 900/- excluding electricity charges, payable on or before 5th of every calendar month and that the tenancy is a month-to-month tenancy i.e. commences from the 1st of every month and ends on the last day of the same month and is terminable under law by issue of 15 days notice.
The tenant been defaulting in payment of rent and never paid him right from the date of his occupation, further the addressee violated the terms of agreement of lease. The lease agreement was reduced on Rs. 100/- NJ Stamp Paper. The said lease was eleven months only, but the same was continued till to date mutual understanding of my client and the tenant. That under the circumstances my client has concluded that, it is undesirable to continue the tenancy of the aforesaid premise and their by determined the tenancy of premises is deemed to be canceled with effect from 15 days from the date of receipt of my notice. As such this notice shall be treated a notice under Section 106 of TP Act.
The addressee called upon to vacate and handover vacant and peaceful possession of the said premise on expiry of fifteen days and there will be no more a tenant of my Client there onwards.
The tenant has received my legal notice and approached the Court of Law by filing a suit for injunction against my client. The Court pleased to order urgent notice but not with interim injunction. The suit contained that, the tenant not from the lease agreement aforesaid but living since long time, but he do not enclosed any bill or receipt of the rent along with plaint.
Sir,
During the pendency of injunction is it possible me to file a suit for eviction against the tenant separately by defending the suit for injunction filed against my client. The city is covered under Rent Control Act.
Thanking you one and all,
Yours Sincerely,
RSB
Ramesh Prabhu
07 December 2014 at 17:16
I have a Residential apartment in Mumbai with me as First holder and my Father and wife as second and third holders. My father invested 47% of the amount and the remaining portion was funded through my saings and a loan raised from housing finance co. What is the procedure for transmission of the flat ownership after my father's death(He is still alive)?
His share was made through sale proceeds of another flat which was acquired through his self earnings.
Is a will only sufficient or NOC of other legal heirs, viz. my two brothers also required?
Also can he nominate and will his share to my son ?
dev060186
07 December 2014 at 16:39
i/husband has an proof
1)giving monthly bank transfer statement to support her family even she is earning as my inlaw ar poor.
2) she rans three time in 2.5 year of marriage to fullfil her demand so io caw cell i wretten from her ,if she leave me next timd then it will be divorce.
3) while leaving me she useto mail hr resume to find job as she is single. i have her mails
4) while leaveing me this time i made video shoot that she leave me with her intentional.
5) impresion on caw cell is in my favous.
6) and after caw cell i live seprated with my parent as she wants and it is also mention in notery by her.
i m very harash from her. i m only son of my parents. my puestion is that
IS IT SUFFICIENT PROOF TO FILE FOR DIVORCE? NO CASE IS REGISTER TILL NOW.
I apply for divorce and i get date,30-12-2014. What will be next?
manoj
07 December 2014 at 16:10
IS THERE ANY TIME LIMIT TO SHARE CLAIM BY NOMINEE
Brahadhees
07 December 2014 at 15:02
Dear Sir,
Please find the attachments showing the Tamil Nadu Fee structure for partition and Family Structure for the Partition planned, Green Highlighted parties are entering in to the partition. Please specify, which fee structure is applicable for the above Family structure?
Note: Sub-Registrar insisting for the 4% stamp duty i.e. Non Family Members Fee structure
Look forward for your guidance.
Thanking you
J.Brahadheeswaran.
7598360166
KEJ SIYASAT
07 December 2014 at 14:50
We had purchased a plot in 2001,not land in my possession (by registered sale deed ) but until we have not applied for mutation entry in Municipal Council,Last Month i apply for council register my name in PTR? but objection reaised by original owner his possession on land not register name in PTR.
My Question Is.
1. limitation act obstruction?
2. Is Original Owner have chance for adverse possession basis suit file?
Advocate M J
07 December 2014 at 14:13
Good Afternoon
i wanted to submit the doc before Magistrate court. hence pls let me know under which section of crpc can i submit the documents
thanks
Rastogi
07 December 2014 at 13:48
During the declaration and permanent injunction suit the possession is already proved to that of plaintiff and suit is decreed in favaour of Plaintiff. The suit is in second appeal in Highcourt.
One more suit has been filed by defendant in the trail court.
Should the possession of the property needs to be proved again by the plaintiff in the suit filed by the defendant in lower court by letting evidence again?
Or Plaintiff can submit that possession already provded and the matter is pending in second appeal and need not be proved again in trail court
monty lamba
07 December 2014 at 13:24
Dear All Sir,
I was filed one suit Declaration, Possession & Injunction.(i purchased one property )- AFTER PURCHASED SELLER DECEASED
1. this time still court gives stay for concerned property with party's.(Plaintiff & Defendant's (Tenants)
2. one other person file u/o 1 rule 10 CPC (Deceased real brother). argument pending NEXT DATE OF HIRING ( January-15 ).application file behalf of false & fabricated WILL.
3. before argument u/o 1 rule 10 CPC, plaintiff (me) & Defendant's agree to settle (Compromise) in front of Mediation cell & application file for mediation with plaintiff & Defendant's, but court not allow before argument u/o 1 rule 10 CPC.
MY QUERY IS.
1.Plaintiff (Me) & Defendant before N.D.O.H SETTLE our dispute means Defendant's handover my property on written statement, deed & i'll be settle other criminal & civil suit with pay settle amount.
(this above matter wright way)
2.will Applicant be crate any dispute for
at the time of Defendant's handover my property.
3.if Defendant's handover my property without any objection.will court be allow Mediation with Plaintiff & Defendant's
for legal clearance.
4.will court give declaration for my property.
5.if No, please next legal step.
sir please give your valuable advise.
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