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dk (owner)     23 October 2011

Forcefully getting papers signed

Dear Friends,

I need help and guidance.  I am residing in a property for the last 30 years with a nominal rent of Rs.500.  My owner with the help of his friends maniputed me invited me to their place.  They beat me badly and forced to sign the papers that i have accepted payment  in cash and bank DD and agreed to vacate the premises.  Fact is I was not given any cash/DD and I did not agree to vacate, rather i had proposed to purchase the property and paid Rs. 50,000 about a year back.  I have two witnesses one the proerty dealer involved and the other one who wanted to purchase the other half propertion.

Unfortunately I did not call the 100 no. but complaintg to the police chowky feeling it will be faster.  I have no proof, what happened with me .....CAN U GUIDE ME WHERE DO I STAND AND WHAT ARE MY RIGHTS ? 



Learning

 8 Replies


(Guest)

ONE THING I KNOW THAT ONE ONE CAN VACATE YOU FROM THE POSSESSION OF YOUR PROPERTY IN WHICH YOU ARE RESIDING. THERE IS PROCEDURE IN LAW AS HOW TO MAKE A TENANT TO VACATE LAND. I'M FEELING BAD AS THEY HAVE HURT YOU GRIEVOUSLY. YOU CAN FILE A CRIMINAL CASE AGAINST THEM. THE OWNER HAD TO FILE AN APPLICATION BEFORE COURT FOR THE EVICTION OF PROPERTY POSSESSED BY YOU AND INSTEAD OF FOLLOWING LAW THEY BEAT YOU BADLY. 


(Guest)

@ DK THE FIRST LINE IS "NO ONE CAN ALIENATE YOU FROM THE PROERTY WHICH IS IN YOUR POSSESSION.

adv. rajeev ( rajoo ) (practicing advocate)     23 October 2011

You file a criminal case aginst the owner and file a civil suit for injuncton " as not to vacate the property without following the due procedure of law" against the owner.  Now courts are in favour of owner.

1 Like

Dr. Chandran Peechulli, Ph.D; FIE (Editor & Publisher Chief Engineer(Retd.) GM(T))     23 October 2011

 

 

Laws are meant to restrain citizens from committing crimes and harming other people without getting punished. 

*Laws must apply equally to all citizens and discrimination of citizens in the eyes of law on any basis in not only unconstitutional but also inhuman in nature. Competitiveness comes by, first being disciplined,  "Alert and Active" to things around, with an urge to excel by absorbing the relevant good, you see, hear and feel for the best and  taking the right pathway, towards a pursuit to excellence. Media should be unbiased and should follow high standards of professional ethics and code of conduct, NOT as a mere messenger or to misguide the common people, to be carried away with wrong messages, but for correcting themselves of their inherent flaws in the system.  Primarily, the advocate engaged should view the client’s interest but for colluding with the opposite advocate and betray with a wrong motive. Further, the jury in the honourable lower courts do object to our ‘expressing our grievances’ but for permitting the counsel alone to speak. If when asked, advocate replies that the clients keep coming and going but he has to remain with his advocate colleagues / mates, while in legal practice, in the courts.  As a client I have felt that an advocate handles many clients for his survival, hardly observes 60% of the client’s grievances while handling many clients. When the judiciary is held esteem, the litigant be also allowed to express, if the Counsel has missed out  some important salient points to the case. Can the Advocates in their professional life, not swear an oath, to be HONEST and work with INTEGRITY, in the Vakalatnama form, as a part of the Professional Code of Advocate’s Conduct and Ethics?  More particularly, Lawyers in the profession have to attend to many clients for whom they are engaged, hence how much does the lawyer remember, from what is told and how much he absorbs of the total to the suffering litigant. Hence, the aggrieved client is given the opportunity to express his real grievances to instil fairness and justice in the court-hall. "Great  acts are made up of small good deeds."  "Refuse to bend" and stop promoting corrupt practices through short-cuts, the other person to indulge with others in unscrupulous practices. First let’s wake up and start demanding our rights. The business houses and the politicians are the beneficiaries and generally the middle class are the sheep. We have to tell them that we are paying them to protect us, not  to kill us; It’s is our tax money from which they get paid and therefore demand them to be honest.  A LAWYER is a noble profession only when advocates strive to secure justice for their clients within legally permissible limits. R.N. Sharma Advocate v. state of Haryana , 2003 (3) RCR (Cri) 166 (P&H). A CASE STUDY: Forcefully getting papers signed in court-hall. O.S.365/2004 Bangalore. During cross-examination, The respondents advocate questioned me as to whether my land is in my possession. I said I am here because the respondents have encroached and pulled out the fencing(erected stone-pillars, distance apart on the boundary line connected with barbed wires) and thereby erecting a katcha shed and black-mailing me. Reported to Civil and Police authorities, who chased the miscreants in the semi-finished state of the katcha shed. The land grabber’s advocate said arrogantly that the court needs an answer YES or NO from me, then said it is forceful possession by them. He then again said YES or NO and hence was constrained to say YES in their possession. It was in the late hours of the afternoon session, after the day’s proceedings the court bench clerk came to me to sign the papers when I said I do not know what was dictated and what the court steno has typed, when the court bench clerk insisted for my signature, otherwise forcefully, he then said your advocate can obtain the copy later and give me, but the judge is waiting. No time for me to read and sign the papers.Hence, signed the papers, later known that the case was dismissed because I said that the land is in their possession, when the registered documents are in my name and they have no papers to substantiate their ownership. Miscreants, who encroached, pulled out the fencing and erected a katcha shed in my land and occupied, were not punished for their wrongful act.  Forceful signatures are obtained when one is weak and meek, scared of the contempt of court. proceedings.    


(Guest)

people like you deserve such events... for last 30 years you are paying 500 nuts as rent? are you not aware of rents around? is the mistake not with you? do you think nothing can be done through law?  this is what happens... our legal system have several loop holes you have taken advantage... now his turn... are you not afraid of gods gifts?  be reasonable with the owner and settle with him for reasonable prevailing rent or vacate place... anyday you will be a tenant and must leave the place... whatever you do with the police or court, the case will be nuisance and a fine of rs 100... dont bring such one side stories and try to provoke lawyers who are bent upon making mischief of your case and make money hook or crook...

1 Like

Manish (Dealer)     25 October 2011

if u were the owenr of the same property and only Rs 5oo/- has been paid to u from last 30 yrs wht u would had done ???? . Be human and loyal, currenct owner also have to full fill family and his own needs. Frankly speeking if i was the owner den result might had been different till now with U.

1 Like

dk (owner)     26 October 2011

 

 

Dear Mr. Srinivas, Mr.Manish, Mr. Shally Karloopia, Mr. Rajoo  and all others - Diwali Greetings !

Thanks for  responding ! Let me try to explain, particularly to Mr. Srinivas & Mr. Manish !

Firstly, my  question is R we justifying their  means or their grievances,

In the later case, pl note I started with 300 a month and as per law has raised periodically the same; moreover have never demanded anything from my landlord for repairs or maintenance; and spending more than the rent every year;  So even if the landlord needs vacation of property, he has to approach me for this;  but on the one hand he has entered into a verbal agreement with me to sell, , have taken token money in cash from me (witnesses available) and have not honoured his commitments; since prices of property have shoot up, now , to make extra money, he wants me to vacate; does not convey his intentions and uses such extreme measures

If we are justifying the means, I feels atleast on this platform, the friends from legal profession can through more light!

You might have heard an important recent incident  where a Langoor was hired by NDMC to control the monkeys in Delhi near Taj Hotel; what happened  ultimately -  One day all the monkeys got together  and  Langoor  was shown his place – R we suggesting the society should revolt – No constitutional rights; Might is right: Are we talking about Italy, Iraq, Libya, Pakistan, Afghanistan and many more to follow in the near future;

Awaiting your further guidance -  thanks !

dk (owner)     26 October 2011

 

Dear Dr. Chandran, 

Thanks for the guidance. I have posted another addendum, kindly respond;


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