Related with rent control act
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
This case related with my fiend, please reply.Matter in his words.
"I am a tenant in a shop on ground Floor since June 1987, which I’m paying Rs. 450/- month as rent. The map of building was approved by the development authority on 31-05-1979. As per approval of map the building owner constructed the building during the year December 1981. After compeletion of building the owner expired on dated 28-april- 1982. After the death of owner the map was reapproved by his elder brother on 16-nov-1983. So the building was actually completed before the reapprove of map. The building was registered in sarai act on 31-dec-1984 as a hotel which is at the first floor of the building.
The landlord of building has file a case in lower court (J.S.C.C) for vacation of shop by taking the ground that the building was completed after 25-april-1985. In the support of said ground he has submitted the chittha of Municipal Corporation where in the building was assessed from 1-april-1987. The said assessment (the hotel) was made by the municipal corporation during general survey for the year 1990. Just after getting the registration in sarai Act the building was used commercial as hotel. On the assessment as hotel the income tax department has assess the income tax Rs. 2300420/ for assessment year 1986-87 for which financial year will be 1985-86 and before, which will be commence from 1-april-1985.
A shop which is adjusted shop no. 1 was let-out to m/s any traders during the year of July 1984. This firm was registered in sells tax department for C.S.t. in 16-may-1986.
Based on the fact as stated above the Lower Court has decided the case against shop owner by the taking ground the date on 1st assessment of construction of building, by neither the completion report has been provided by the owner nor available in the map authority.
After getting the defeat in Lower Court the case applied in Session court and the session Court has decided the case based on the judgment of Lower Court. After that the case applied in Honorable High Court and the court has passed the judgment based on the judgment of Session Court.
Please advise me the ground on which I may file a S.L.P. in Honorable Supreme Court. Thank you very much". Thank you for any reply also.
ajay sethi
(Expert) 05 December 2011
without going through the papers of the case and orders passed by various courts it would not be possible to state on what grounds SLP is to be filed
Raj Kumar Makkad
(Expert) 05 December 2011
Grounds for filing appeal depend upon the pleadings of the parties as well as judgment passed against the appellant.
Your lawyer shall be in a better position to frame grounds.
Devajyoti Barman
(Expert) 05 December 2011
Yes the respective pleadings, evidences and the judgement to be impugned is needed to be perused first.
Shailesh Kr. Shah
(Expert) 05 December 2011
Without going through the papers of case, opinion could not be formed.
M/s. Y-not legal services
(Expert) 05 December 2011
yes., have to go through the pleadings and other documents., [deposition, orders]
and framing grouds is not a single step action., have to work out hardly., its will be chargeable.,
just leave your case with your counsel., he will take care
