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anupa (student)     22 May 2010

thank you all?

Hallo everybody!

                              I dont know why i dont get a perfact answer always something less in it?MY friend Mr.B have aproached me for some assistant before going into some legal proceedings.Mr.A is a brother of Mr B Whereby the premises was bought by their father when MrA itself was a minor and Mr B was major.The father bought the premises in the name of Mr A.While father was alive father made sure Mr.B runs the place by making Agrements such as partnership lease and even an attorney to run the place.Its been almost 15years that MrB is taking care of the place and also have invested huge amounts to make the busines thruogh loans.Now Mr A is running for the place whereby Mr B Only wants the amount invested in the place or the time to run the place.Now the father is dead so there is a fear that Mr A will take over the premises If the premises is taken Mr B will have to pay the loan which is invested in the premises.And without the premises it is just so hard to do that.As the days are running the problem in increasing.when all this happened Mr B found that the agreement itself in null and void as was signed by a minor and he is in possesion for 15 years.If Mr A does not agree to the compromise is it possible for Mr.B to fight with a possesion right or what is best to claim the loan amount please help.



Learning

 3 Replies

niranjan (civil practice)     22 May 2010

B can file the suit for injunction on the basis of his possession. B can also file counterclaim  to recover the investments that he has made in businessin the suit if filed by A for taking possession.

Pankaj Mehta (Advocate)     22 May 2010

in my opinion, an injunction suit will be helpful for serving the purpose, as the possession is still enjoyed by mr.B

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 May 2010

Since B is in possession of the property , it is better to file suit for Perpetual Injunction


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