Upgrad LLM

delayed justice is denied justice

Lawyer

What is the use of Judicial System if the justice is not done in the lifetime of a Person

5818323667_f045da280c_bA building owner has filed a rent control petition with No 25/1983 (Rent Control Court, Kottayam) when the building owner was 48 years, the tenant denied the title of the owner and rent control court passed order on 24/101991 that as there is dispute of title the civil court only has jurisdiction.

The Building Owner filed OS 200/1992 (Sub Court, Kottayam) and judgment was delivered on 11/6/1999 declaring that the building owner aught to have probated his title deed (his father’s will).

The Building Owner has field appeal with No AS 139/2000 (District Court, Kottayam) and judgment was delivered on 18/7/2003 finding the title of the building owner but remanding the case to the lower court for disposing the suit on any of the grounds mentioned in the rent control Act.

The building owner preferred appeal (FAO 158/2003) (High Court of Kerala, Ernakulam) on that order of remand and the tenant preferred appeal (FAO 136/2005) (High Court of Kerala, Ernakulam) against the finding that the building owners has title.  Common judgment passed on 14/8/2005 confirming the title of the building owner and remanding the case for disposing on any of the ground mentioned in the rent control act with a direction to dispose of the case with in 3 months.

The tenant filed Special Leave Petition Before the Supreme Court of India SLP CC No 1918/2008 ;  SLP No 4837/2008 which was dismissed by the Supreme Court on 15/2/2008

The suit was heard in the lower court (OS 200/1992) (Sub Court, Kottayam) and passed order on 7/7/2011 finding the title of the building owner and finding that the own use claimed by the owner is bonafide.  meanwhile the tenant had gone to the high court in a writ (WP(C) 43/1998 (High Court of Kerala, Ernakulam) which was disposed of on 28/5/2008) claiming that his pleadings has to be amended (which was rejected by the high court).

Against the order of the lower court the tenant preferred an appeal (AS 192/2011) (District Court, Kottayam) mean while the building owner died on 16/5/2012 at the age of 78.

During this 30 years the building owner was shuttling from one court to another and from piller to post with no result.

The irony is that the tenant is occupying the building having 1800 sq. ft. for a meager rent of Rs 125 per month with amounts to Rs. 0.06 per sq. ft.

For this injustice the building owner has filed a Rent control petition for revision of rent (RCOP 34/2011) (Rent Control Court, Kottayam) which was stayed by the Kerala High Court on an order on OP (RC) 2410/2013 (High Court of Kerala, Ernakulam) stating that as there is a unsettled dispute over the title pending in the court as AS 192/2011.

All this happened at Kottayam, Kerala

Is this the type of justice the courts are rendering ?

 
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Lawyer

The Building Owner has filed a Rent Control Petition (RCOP 34/2011) Rent Control Court Kottayam) to fix fair rent of the building. The tenant has filed a writ petition to stay the proceedings (RC (OP) 2410/2013) High Court of Kerala), concealing the fact that there was FAO 158 of 2003 and FAO 136 of 2008 finding the title of the petitioner.

 
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Lawyer

The picture above is the building concerned, which is seen behind the statue of Mahathma Gandhi.  The area is the prime area of Kottayam TOwn called Gandhi Square.  The rent is 125 for the entire room of 2000 sq ft for a month.

 
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Lawyer

Today our Newly appointed Chief Justice has anounced that old and pending cases will be soon disposed.  When ?.....

 
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Dear Sir,

I am writing to you hoping you could help me with my case. My grandfather has written his entire property in the name of his two sons and the other five children(Ffour daughters and one son)  have not been gven anything.  The son who has not been given anything had joined priesthood but is now married. He has also not written anything in his wives names. Both he and his wife( i.e my grandmother ) are still alive. We are christians living in Kottayam district. Half of the prperty has been inherited by my grandfather and half has been self made by him with the help of the daughters.  It appears that he has not monly made a will but has already transfered the property in the son's names.Please could you advice me what is to be done in this case? Also what may be the time that we will have to wait for justice to be served and what would be the cost roughly? Thank you in advance.

 
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Lawyer

it seems your grandfather and grandmother are still alive.  he can change his will and write a new will.  As christians you are not entitled to any property (ancisteral or self made) .  it is his decision, to whom his property will devolve.  IF you have got any further clarification better you consult a lawyer at Kottayam.


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