Suggest case law in support
Arvind Singh Chauhan
(Querist) 24 July 2012
This query is : Resolved
Sir,
"A" has a KHOKA (temporary shop )in Nagar Palika. Due to illness he handed it to "B" to look after. After treatment when he came back he found "B" has given possession of KHOKA to "C".
"C" has applied in Nagar Palika to allot KHOKA to him and to deposit taxes and other levies. Nagar Palika refused to do so and issued notice him to leave the KHOKA as being unauthorized occupant.
"C" sought injunction against Nagar Palika. In which I filed cavet on behalf of "A".
Still "A" is paying rent, taxes etc to Nagar Palika since 5 years. "C" failed in getting TI. Now the case is for final argument. Suggest any citation relating to U.P. Minicipality Act, In favour of "A".
SIR,
AFTER COMMENT OF SOME SENIOR ON MY QUERY THAT, AS BEING AN EXPERT I SHOULD NOT ASK ONLY QUESTION HERE AND MUST TRY TO SOLVE OTHER'S PROBLEM, I HESITATE WHEN EVER I REQUIRE HELP FROM LEARNED MEMBERS.
SIR AS BEING A JUNIOR PRACTICING LAWYER IF I SHARE MY PROBLEMS HERE, IS IT BAD ? OR SHOULD I REMOVE MYSELF FROM EXPERT ? SIR I TRY TO SHARE OTHER'S PROBLEMS AS I CAN.
SIR I HAVE TO SAY HERE THAT, HERE I GET NOT ONLY HELP IN SOLVING LEGAL MATTERS BUT MORAL SUPPORT ALSO.
THANKS TO ALL LEARNED MEMBERS.
Adv.R.P.Chugh
(Expert) 24 July 2012
I've never read the aforesaid Act but still C has no semblance of a title, he has no juridicial possession of his own, he is just a caretaker, and deserves to be ousted, he would never succeed in a TI as he has no case at all.
AS regards the comment - it is SAD - we are learning, and he who is curious and asks is a fool for 5 seconds, he who does not - and thinks he knows it all - is a fool for life ;-)
ajay sethi
(Expert) 24 July 2012
in case you have any query you are always free to seek help from other colleagues .
you should never hesitate to ask queries .you should try to help those seeking answers but never remove your self as an expert from this site .
as far as facts of your case is concerned C has no case . he is an aunauthorised occupant an enecroacher and has no legal rights on said property . no injunction will be grenated in favour of C . merely because A is paying property taxes does not give him rights to property . muncipal corporation has not entered into agreement with A .
V R SHROFF
(Expert) 25 July 2012
C cannot succeed.
As far as asking Question, Any one can ask:
Yes, you should also reply Queries, when on Expert Panel
Nothing wrong, to ask and get your doubt clear. HC Judges are also at fault, and their judgement reversed!! No one is perfect, and/or super expert, that he don't need guidance/ advise .
FEEL FREE TO ASK
ashutosh mishra
(Expert) 27 July 2012
If Shop is allotted to A by Nagarpalika then he is the only right person to occupy.As injunction to C has rightly been refused,A can get C evicted with the help of Nagarpalika and Police to get back his possession.
