JAGANNATH PASI
20 July 2012 at 16:26
Dear sirs,
I belong to sch. caste community, living in Uttar Pradesh. my wife has purchased a land from her cousin (Sch.Caste), who got it on transfer from his father. This land was awarded (avantan) PATTA to father in 1973. The sale deed was registered by Tehsildar in April 2009, & after 3 months period, "order" for possession ( DAKHIL-KHARIZ)was also passed by the same Tehsildar in favor of my wife in July 2009. But on the basis of a wrong representation by third party (villager), this deed was again cancelled by the same Tehsildar in April 2010. Now case is before the court of S.D.M. for final decision. If the decision comes adverse, what action should we take ? Please advise,
Regards,
JAGANNATH PASI
Abdul Latif
20 July 2012 at 13:49
One of my friend have permit room License u/s. 394 of Mumbai Municipal Commission Act for his restaurant in Mumbai Liquor is being served served in his restaurant. He has other license like Excise License for Liquor, Police License, Eating House License u/s. 394, Shops and Establishment License etc
But he receive the notice from BMC alleging for violation of section 394 of MMC Act. He met with department and the officer is saying that Permit Licese is for serving the alcohol in restaurant but trade license is also required for selling the alcohol in restaurant itself even though the alcohol is sold at the restaurant for consumption in restaurant only. The alcohol is never sold for consumption outside the restaurant.
Does he also require trade license under section 394 of MMC Act. Please guide me.
Member (Account Deleted)
20 July 2012 at 12:39
Whether the lessee can mortgage the leased property in favour of bank or financial institution?
please do refer the case laws..
Ramesh
20 July 2012 at 11:44
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family, my Grand Father had given a lease in an an inam land on a permanent basis to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Only an area of Ac7-07 guntas; which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised in a ratio of 60/40 in favour of litigant/ lease holder.The compromise deed is signed by the GPA holder(who he is not authorised; condition to compromise is not written in the GPA).
Please go through the attachment, where in High Court of AP, my Advocate not able to contest the case properly, may be because he don't want...
{As i am not able to attach the file i am posting the same here, please; Issue No.1: What was the extent of the land leased out to Mrs.'k’'s husband?
The appellate authority held that the entire area ad measuring Ac.49.39 guntas was leased out buy late Sri.'B' in favor of late Sri.'N', in old survey No.279.
The appellate authority reached this conclusion after personal inspection of the property in dispute, the examination of original lease deed and the other attendant circumstances like Revenue Records.
The learned consul for the petitioners Sri.'PR', made an attempt to demonstrate that the conclusion reached by the appellate authority is not correct. On the other hand, the learned counsel for the respondents Sri.'SuR' submitted that it is a question of fact decided by the appellate authority, on appreciation of evidence and this court in exercise of its jurisdiction under Article 226 of the Constitution of India , will not sit as an appellate Court, to re-appreciate the evidence and interfere with the finding of the fact rendered by the competent statutory bodies.
I accept the submission made by the learned counsel for the respondent-Sri.'Su R'. It is a settled principle of law that this court will not in exercise of its jurisdiction under Article 226 of the Constitution of India, sit as an appellate Court to re-appreciate the evidence for the purpose of judging the correctness of the finding of fact recorded by an inferior tribunal unless it is demonstrated that the finding is absolutely perverse or based on absolutely no material It is not the case here. There was some material before the collector to reach the conclusion and in reaching the said conclusion; he categorically discussed each and every aspect and the evidence available on record. Merely because an alternative view is possible on the said evidence, this court will not be justified, in my view, in interfering with the finding of the fact.}
my question to ALL EXPERTS of this distinguished forum is:
How, 1) i can win/over come this compromise entered by the GPA holder.
2) i can convince/win courts confidence in establish that the lease holder version is wrong, and my version is right.
Thanking you ALL in advance,with a request for an early reply please.
Kvijay12345
20 July 2012 at 10:01
Sir,
My friend had a land in Gaothan area in his father`s name . He planned to build a bakery there.So, he got his project loan sanctioned by the nationalized bank But the bank after sanctioning the loan for bakery failed to disburse the amount in full despite of several requisitions and follow ups & without giving any clarification for the non disbursement of the loan in full and on the contrary pressurized his father to pay off the disbursed amount. So,his father had to sell the land for the minimum amount, far below than the market rate to the local person who had threatened him to kill. after two years from the date of sale,When my friend who was working in Banglore,returned , his dad revealed this thing to him. My friend is the only son and did not ever give his permission or NOC to sell the land. What are the legal remedies available to him to prove this deal illegal thereby cancelling this deal & acquire his land back? What is the time limit available for him to take action after the sell of the land?
Prasad Yadav
19 July 2012 at 19:40
Hello, I wish to know expert thoughts on following.
One of my friends is planning to open a small cafe (hotel) in rented premises. The owner used to run hotel in this premise and has a valid food license. He (friend) has registered his café at the same address, my question is, is he allowed to use owners food license? Is there any way using owners food license without legal consequences? If he plans to apply for own food license how much time it will take and the cost?
Please guide me.
Thanks in advance.
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