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Anonymous   27 October 2009 at 17:07

Eviction of tenant for own occupaytional use

Sir/ Madam,
I am a practising CA, my father in law owns ancestral property. This property is divided into two parts- 2 shops facing the road and the remaining area used for our residential purpose.
The said 2 shops have been given on rent long back by my father in law' father. As regards one of the shops, my father in law has filed an eviction case after unsuccessful informl requests to the tenant. As i am in need of premises for starting my own practise, we have filed such eviction proceedings.
The lower court has already ruled in our favour, however the tenant has appealed further citing that the lower court has ignored his hardship pleas and that the lower court has ruled inefficiently.
The case is in process, the next higher authority being the High court.
I would like your expert opinion on:
1. Similiar case references-
Supreme court rulings and other Court rulings details.
2. Hardship is suffered by us too, his claim seems preposterous, just to milk the situation to his advantage by trying to emotionally pressurise us.( He has already accepted having 2 other businesses apart from the one he carries in our premises)
Kindly give your learned opinion on the matter. Thanks

bindhu   27 October 2009 at 12:55

immovable property

I am male, hindu

if i get immovable property from my mother through will

can i make a will giving that immovable property to third party

my son and wife has any right on that immovable property

bindhu   26 October 2009 at 21:11

which is ancestor property

i am a hindu male
what is ancestor property
if i get property from my father is it ancestor property
or
if i get propety from my mother is it ancestor property

SHYAMSUNDER BUBNA   26 October 2009 at 17:53

PROPERTY SOLD WITHOUT PERMISSION OF LIQUIDATOR BY FRAUD

MAX PARTS PVT LTD incorporated on 12-8-1964

As on today Company Status is under Liquidation

Property Location

Revenue Survey No. 421/Paiki, Jamnagar, Hapa
Plot No. 13
T. P. Scheme No. 3/A
Original Plot (O.P.) No. 24
Final Plot (F.P.) No. 57
Near Paglam & Paglam
Opp. Cold Storage, Jamnagar

Area 7160 Sq. Ft.

Purchased by Company on 28th September 1964 from Shri Narendrasingh Madhusingh Kher by a agreement registered on 30th September 1964

On 30-4-1984
One Mr. Girjashanker Jatashanker Bhatt C/o. M/s. Harish Automobiles, Kashi Vishwanath Road, Jamnagar sold the property alleged to be Power of Attorney holder of the Company
to
one Mr. Kantilal K. Kotecha Advocate having address at J-5, 2nd floor, Super Market, Jamnagar and 26 Modern Market, Near Amber Cinema, Jamnagar on behalf of and alleged to be Power of Attorney holder of one Smt. Lilavanti Revashanker Bhatt, having address at Ambika Bhavan, 1 Nagar Para, Jamnagar

On 19-8-1993
Mr. Kantilal K. Kotecha Advocate having address at J-5, 2nd floor, Super Market, Jamnagar and 26 Modern Market, Near Amber Cinema, Jamnagar on behalf of and alleged to be Power of Attorney holder of one Smt. Lilavanti Revashanker Bhatt, having address at Ambika Bhavan, 1 Nagar Para, Jamnagar sold the property
to
1) Smt. Jaishreeben Arvindkumar Machchhar having address at Bhanushalee Wad, Sheri No. 4, Jamnagar
2) Smt. Jyotiben Prakashkumar Lakhani having address at Nagar Para near Pili Bangli, Jamnagar

On 20-3-1998
Smt. Jaishreeben Arvindkumar Machchhar having address at Bhanushalee Wad, Sheri No. 4, Jamnagar released the property
To
Smt. Jyotiben Prakashkumar Lakhani having address at Nagar Para near Pili Bangli, Jamnagar
As per record with Jamnagar Area Development Authority as on 17-4-2006 the property is in the name of Company

The Company was initially formed by one Shri Jamnadas G. Jivrajani at Bombay

The previous directors retired in or about May 1975 and
1. Shyamsunder S. Bubna
2. Jeevanlata S. Bubna
has been joined as directors of the Company.

On 19-7-1983 a notice sent to the Share Holders and also published the said notice in Mah Gov Gazette dated 28-7-1983 and English and Marathi News Paper under Sec 500 of Companies Act as the information for meeting of creditors to be held on 11-8-1983

On 8-9-1983 the notice for information under sec 516 for appointment of Liquidator has been published in Mah Gov Gazette and English and Marathi News Paper

On 7-6-1984 the notice for information under sec 509 notice convening final meeting has been published in Mah Gov Gazette and English and Marathi News Paper

P.S. THE ALLEGED POWER OF ATTORNEY OF MAX PARTS PVT. LTD. FAVOURING MR. GIRJASHANKER JATASHANKER BHATT USED FOR SALE OF PROPERTY ON 30-4-1984 IS LIKELY TO BE PREPARED AND EXECUTED IN BOMBAY AS ALL THE DIRECTORS AS WELL AS LIQUIDATOR AND/OR COMPANY IS ALSO INCORPORATED AT BOMBAY ONLY

GSGSINGHGSG   26 October 2009 at 14:32

SEEKING LEGAL ADVICE






Thanks & Regards

Vipul Shah   26 October 2009 at 12:15

Procurement of Agricultural land

I am non-agriculturist domiciled in GUjarat and would like to know the procedure of becoming an agriculturist and acquiring acgicultural land.

Anish goyal   25 October 2009 at 21:02

Charge of superarea in Mall

There is a decision by supreme court that a Mall developer can charge 4 super area.Sir can any one provide me the citation by supreme court on this issue?

Anonymous   25 October 2009 at 19:34

rules involved in buying of agricultural land near bangalore

sir,
i have seen some land near airport..want to know rules regarding buying..am nt an agriculturist.

Anonymous   25 October 2009 at 18:55

Non allotment of parking space

Abt 3 yrs ago i had booked a residential property with a builder (in mumbai). The agreement contains that along with other ammenities parking space would be provided. The builder has charged seperately for the parking.. but since it is provided for in the agreement i have refused to pay for the parking. The society is just formed & has so far not taken any stand on this issue. However most of the residents have paid for the parking
please adv me on the following
1. Can i be prevented from parking my vehicle inside the society premises
2. How easily is it going to be for me if i seek to file a case in the consumer court against the builder...thanks

patrick   25 October 2009 at 14:46

Transfer of Flat

I along with my brother are joint owners of a flat. My brothers name was put for convinences sake. My brother has given an undertaking that he has regulished his right to the flat. The society states that I will have to pay gift tax for the same. Please advise.
regards Patrick