Jolly James 9447287658
19 January 2013 at 18:29
My client earlier filed a suit for injunction restrain the defendant and his men trespassing in the plaint schedule property.
Defendant contend that he borrowed 6 lakhs rupees from the plaintiff and executed two sale deed and entire amount was repaid. one document was re conveyed and other property was with held by the plaintiff.
based on the pleading court raised 3 issues i. Whether the plaintiff has right and possession over the plaint schedule property?
2. whether the plaintiff is entitled to get permanent prohibitory injunction as prayed for?
3. relief and cost.
Court found that Even on 28-2-10 the 1st defendant has been in possession of the P.S.P which is evident from Ext B 1 possession certificate and B 2 Tax receipt shows that 1st defendant paying tax. It can also be discernible that even after execution of Ext. A 1 sale deed 1st defendant paying land revenue tax for the property covered by A 1 deed. So from the evidence on record, it cannot be found that the plaintiff has been in possession of the P.S.P. Issue No 1 answered against plaintiff. Court refereed a dictum in the judgement ( Ramlal and another V phagua and other ( A.I.R 2006 S.C 623 )
Now my client want to file a suit for declaration of title and recovery of possession. Whether the judgement and decree will operate as resjudicata. Please advise me.
Jolly James 9447287658
02 December 2012 at 12:07
Suit dismissed with cost. Plaintiff filed a petition to maintain status quo in respect of a way. But defendant closed the way by fencing. Whether O 39 R 2 A is applicable to prosecute the defendants? Or what is the appropriate remedy? please help
Jolly James 9447287658
02 August 2012 at 17:17
Son and mother entered in to sale of family property by an oral contract and received advance amount. Is it enforceable
Jolly James 9447287658
20 March 2012 at 22:50
DEAR SIR MY CLIENT HAS A CASE BEFORE ADDL.C.J.M COURT MEERUT C C NO. 552/ 2011 FILED BY ADV. REMESH CHAND GUPTHA FOR M/S AMBAR HANDLOOM. I WANT TO SETTLE THE MATTER. COMPLAINANT PROMISED TO MY CLIENT IF HE SEND D.D FOR RS.8,000/- HE SHALL WITHDRW THE I CASE I WANT A LAWYER FROM MEERUT . CAN ANYBODY HELP ME ADV. JOLLY JAMES 09447287658 (ACCUSED ASA SILKS)
Jolly James 9447287658
06 January 2012 at 22:35
Dear experts
In a trial of rape case I did not challenge the age of victim. Her age as per statement was 14 but as per the school certificate it was 15. So I did not ask any question or challenge about her age. The school certificate was challenged while examining the head master. The court take a stand that I failed to challenge the age of the victim so I cannot challenge the school certificate or her age. Is it correct. My view is that prosecution should stand their on foot. The defect of the defense will not strengthen the case. what you say can you suggest any ruling.
Jolly James 9447287658
28 December 2011 at 21:51
Dispute between two group about union name in estate. whether it will come under the provisions of trade mark act?
Anonymous
20 November 2011 at 18:59
Sir, where I will get free format of civil pleadings? can you suggest any site?
Jolly James 9447287658
18 November 2011 at 20:23
my grand father died in the year 1962. He had one son and 4 daughters. My mother died in the year 2008. Which provision I can claim share over the property.Wether Marumakkathayam is applicable in the above matter. case from kerala
Jolly James 9447287658
06 November 2011 at 22:17
A road having a width of 12 feet leading to my property. There is a Bel- mouth at beginning of the road to turn Benz lorry towards road. Defendant content that I can use only 12 feet, I cannot claim for Bel- mouth what is your advice ? please help me
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C.p.c o 2 r 2
A FILED A SUIT FOR INJUNCTION AGAINST DEFENDANTS ( CO OWNERS ). SECOND TIME A FILED SUIT FOR PARTITION DURING THE PENDENCY OF FIRST SUIT ON THE SAME PROPERTY . COURT CONSOLIDATE BOTH CASES AND POSTED FOR TRIAL. WHETHER O 2 R 2 BAR IS APPLICABLE TO PARTITION SUIT. WHAT IS THE POSITION ON JOINTLY TRY THE CASE. PLEASE SUGGEST DECISION IF ANY.