Sir,
In a matter of eviction suit filed by an landlord against a tenant who is an Eligible tenant as per Annexure-2 and the land belongs to MCGM also the tenant is paying monthly rent to MCGM please consider following points:
1) The landlord obtained permission from Dy. Collector Enc./Rem. to initiate eviction suit against the tenant which is mandatory as per section 22 of slum act.
2) However, The Dy. Collector has no right to issue permission as the land belongs to MCGM.
3) The tenant aggrieved by Dy. Collector's order preferred an appeal u/s 35 of Slum Act. the appeal is still pending before the Addl. Collector i.e. Appeallate authority.
4) But irrespective of the appeal the small cause trial court has passed order of eviction.
Please guide that how can the tenant restore his possession.
Regards
Arun
Vishal
12 July 2016 at 13:10
If wife is not showing interest in household work and does not take care of children, can it be a ground for divorce?
Saurabh
12 July 2016 at 12:51
I have worked for 4 years and 9 months with a pvt ltd firm in Agra and at the time of joining they have not notify me that I have to give notice period at the time of leaving. And I left the job due to some family reasons. Now company management is saying that they will deduct my one month salary from the dues i have with company.
They dont have any legal/signed documents related to notice period. Please advise what i will do.
Preeti
12 July 2016 at 10:42
My father has been died after gave all his property in my mother's name...can my mother distribute his property among her children????
Anonymous
12 July 2016 at 10:40
Wht can a complainant do if the accused has used a fake surety to come out on bail?
Rahul
12 July 2016 at 10:15
Hello Team,
What is Rts appeal. I am told to file rts appeal for change in ferfar.
Apparao
12 July 2016 at 09:43
Hi,
Ours is a Hindu family. My grandfather use to run a business. He purchased some properties out of the money earned from business (his own income). He died in 1959. He has three sons (say A, B and C) who are all married. Till 1963 the three sons lived as joint family.
In 1963 the three brothers made partition of their father's property. At this time all three sons also have sons (say A1 to A , B1 to B, C1 to C). The property was divided equally between A, B and C. However in the partition deed the grandsons names were also included. A and
his minor son A1 jointly got few houses. B and his minor son B1 jointly got few houses. And C and his minor son C1 jointly got few houses.
Can you please clarify the following:
1. Is the relation between C and C1 is a joint hindu family?
2. As far as the grandson C1 is concerned what is the nature of the property which C and C1 received on partition? Is this ancestral property?
3.Can the grandson C1 file a suit on his father C for partition in the property which C and C1 received?
4. C has one more son C2 who is born in 1970. Does C2 has any right on the property received by C and C1? Can he file a partition suit?
Thanks in Advance.
Rao
Ashim
12 July 2016 at 09:23
I was challaned by Traffic Police at Dwarka (intersection of road nos. 224 & 201). The police confiscated my D/L citing Supreme Court ruling for such violations and posted the case at Dwarka Court for necessary disposal. What are my chances of getting relief from court being a govt servant and due to mitigating circumstances such as presence of a big bus ahead of me which hid the traffic lights and the timer was not fuctional on that day. Does the court listen to the plea of the defendent in such cases ?
rv
12 July 2016 at 07:29
Daughters filed suit for partition in 2007. Defendants claimed possession and submitted a gift deed of HUF house by father registered in 2004. The house is in individual name of the father and he gifted it in his individual capacity without mentioning HUF at all though he continued to file tax returns of rental income as Karta. The gift was denied by the plaintiffs but not challenged in a separate suit/application. Question 1. Is the gift void ab initio as the donner was not the owner of the gifted property? 2. Will it help if plaintiffs file a recovery suit now before 12 year limit period is over ?
Sale of open car parking
Sir, there was a ruling of Hon'ble Supreme Court in Civil Appeal No. 2544 of 2010 in which it was stated that open to the sky parking area or stilted portion usable as parking space is not sellable independently or along with a flat. I shall be grateful if it is clarified that -
1. Whether this judgement is applicable in residential societies located in Maharashtra State only, and
2. In the approved lay out plan of any society, if some portion is shown as approved open car parking area after this judgement, can it be sold?