sandeep rane
21 June 2015 at 18:38
Respected Members,
Plaintiff is a co – owner of room & was in possession of room. Room belongs to Maharashtra Housing Area Development Authority.
Other co owners illegally took possession of room from plaintiff & sold this room to third party without the consent of plaintiff & in collusion with third party & MHADA official by showing the other co owners as full owners.
Plaintiff has filed suit for declaration that
1.Sale deed executed by other co owners & third party be declared null & void.
2. Transfer of title of said room by MHADA on the name of third party be cancelled.
3. Possession of said room be given to the Plaintiff.
These are the principal prayers. Others are damages etc.
As per limitation act 1963 limitation for declaration is 3 years & 12 years for possession.
Suit has been filed after two years of cause of action i.e after plaintiff came to know about sale deed.
Plaintiff was disposses first & then sale deed register & transfer effected. Dispossession is prior of 9 months of sale deed. Hence as per limitation act suit is in time.
In the written statement defendant has taken the objection that suit is time barred in view of provision of Section 173 of Maharashtra Housing Area Development Act 1976
(MHADA in short) – This act is a Special or Local law.
“173. Notice of suit against Authority, etc.
No person shall commence any suit against the Authority or against any member of the Authority or of any Board or of any Panchayat or any officer or servant of the Authority or Panchayat or any person acting under the orders of the Authority or Board, or Panchayat for anything done or purporting to have been done in pursuance of this Act (including any contract thereunder), without giving to the Authority, member, officer or servant or person two months previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.
Plaintiff states that suit is filled in respect of illegal act of MHADA & this act of MHADA of illegally transferring the titile on the name of third party can not be said to be done in pursuant of MHADA Act. Hence Section 173 of MHADA act is not applicable to this suit.
1. Whether this is correct submission by plaintiff ?
2. Whether suit is in time ?
Member (Account Deleted)
21 June 2015 at 18:00
Can a litigant who has serious health problems and living far from the city of the concerned court appoint a power of attorney to appear in court on his behalf and take care of interest in case the plaintiff may die during pendency of a case? Of course plaintiff has a lawyer
MANOJ KUMAR MADHUKAR
21 June 2015 at 18:00
Kindly guide which act and section gives the banker such right
ravi
21 June 2015 at 17:58
A few days ago i recommended a loan of Rs.2 lacs in a psu bank as i was the recommending officer,i made all the documentation.The loan a/c was opened on 2 june by the manager and he disbursed the amount in that loan a/c on 2 june i was on leave on that day and the manager opened the a/c without having my sign on loan doc.when i returned from leave he told me to put my sign on the doc in later date that is on 10 june when i was present,after having sm discussion i put my sign on loan doc and below the sign i put the date of 10 june.
so is it correct way or i will b in trouble for this at later stage?
what can b its consequences?
pls help me in this regard.
D.Praveen
21 June 2015 at 17:45
Sir,
My father is having 25 years of continuous service in central government and is due to retire in 2018. Due to personal reasons he wants to resign the job now. Will he be eligible to pension and gratuity benefits.?
Awadesh
21 June 2015 at 16:40
I've taken a home loan, for the property at jalandhr,punjab, with my elder brother and father. My brother is the main applicant of the loan. we all three have the name in property registry. problem is that I'm only one who is paying the installment since start. so what I want to remove the name of other from loan as well as property registry. I went to bank for the same but they said that they can not do this and can't provide registry for transfer. please suggest any way
Harsimran
21 June 2015 at 15:57
Respected Sir,
I am resident of punjab and i have my domicile certificate of year 2008. IS it valid now? Please answer my query as soon as possible as i have to apply for scholarship.
Regards
SD Bot
21 June 2015 at 15:56
Hi All,
My sister has case pending in Gujarat with women cell. Her case was filed based on domestic violence with her brother in law not giving her any means to live after death of her husband.
We filed a complaint in woman cell and it has been going on for two years now. Last week concerned judge had a transfer and new judge came in his place. We were very near to judgement and we suspect case files were stolen from court with bribe. Now we are told by court that our case file is missing and court can not proceed without case file. In this scenario, I have few questions,
Who is responsible for maintenance of files in court?
How do we trace the case file?
How do we proceed now to file a complaint? Where should we file a complaint?
We have all the copies of documents. Is it possible to reconstruct the case?
Any help is appreciated. Please answer it as quickly as possible.
Thanks
Raman
21 June 2015 at 15:32
Sir,
In my family case of divorce, issues has been framed by the ADJ courts and next date is for petitioner evidence
we have filed the Divorce petition but some documents could not be attached or brought into records with divorce petition..Now we want to adduce some documenst which has brought into our knowledge
Kindly inform
1 whether we can file the additional docuemnts prior to leading evidences?
2 under which provisions of Civil procedure code we can adduce the additional documents?
3 if court allows to file the additional documents can ,marking of docuemnts be allowed with exhibits?
4 we want to file the evidences by way of affidavit and has mentioned those exhibits on the affidavit itself which we want to file through separate application, if the application for filing additional document is disallowed, do we have to struck off those exhibits from the affidavit??
Please help me regarding the above queries
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niact 138
Dear expert. Niact section 138.. Chq return memo received 2 July2012 asking payment notice registered on 31/07/2012.. Within 30 days it is correct or 30/07/2012 is correct. 30 the day may be last day or 29 days inclusive memo date../