CA DINESH KUMAR OSTWAL
07 January 2009 at 11:12
I HAVE FILED AN EVICTION SUIT AGAINST A TENANT IN MY RECENTLY BOUGHT BUILDING,BUILDING WAS BOUGHT ALONGWITH TENANTS,NECESSARY ATTORNMENT NOTICE WAS ISSUED,THE EVICTION CASE IS IN ADVANCED STAGE, NOW TENANT ALLEGES THAT HE HAS MADE SOME CONSTRUCTIONS IN THE PREMISES TO SUIT HIS REQUIREMENT,THE FACT IS THERE IS NO AGREEMENT TO THAT EFFECT WITH THE PREVIOUS OWNER.I AM TOLD THERE IS A SETTLED CASE LAW WHICH SAYS" NO AGREEMENT TO CONSTRUCT BY TENANT, NOT ENTITILED FOR COST,LIABLE TO BE EJECTED. 1997 LAWSUIT 538, 1997 SCC 530. COULD SOMEONE GUIDE ME WITH DETAILS OF THIS CASE LAW AND ISSUES INVOLVED
CA DINESH KUMAR OSTWAL
07 January 2009 at 11:12
I HAVE FILED AN EVICTION SUIT AGAINST A TENANT IN MY RECENTLY BOUGHT BUILDING,BUILDING WAS BOUGHT ALONGWITH TENANTS,NECESSARY ATTORNMENT NOTICE WAS ISSUED,THE EVICTION CASE IS IN ADVANCED STAGE, NOW TENANT ALLEGES THAT HE HAS MADE SOME CONSTRUCTIONS IN THE PREMISES TO SUIT HIS REQUIREMENT,THE FACT IS THERE IS NO AGREEMENT TO THAT EFFECT WITH THE PREVIOUS OWNER.I AM TOLD THERE IS A SETTLED CASE LAW WHICH SAYS" NO AGREEMENT TO CONSTRUCT BY TENANT, NOT ENTITILED FOR COST,LIABLE TO BE EJECTED. 1997 LAWSUIT 538, 1997 SCC 530. COULD SOMEONE GUIDE ME WITH DETAILS OF THIS CASE LAW AND ISSUED INVOLVED
ram
06 January 2009 at 12:36
Sir
If Leese Deed Lessor has given right to lesee to mortgage leese property and take loan in any bank. If any Stamp Duty paid of such thing as applicable in Andhra Pradesh. ANy Change in Nature of Transction
Thank Q
Shilpa Rani
05 January 2009 at 16:39
Can i make Fixed Deposit jointly on me and my friend who is American Citizen by birth...if i choose survivor option...can he take the FD money on maturity ...are there any rules for Foreigners to claim the FD money....
Srinivas
04 January 2009 at 20:50
My grandfather had 6 children, he died in 1974. Four male children (including my father) shared the peoperty orally in 1974 itself, except my father all have sold their properties.
My father now wants to sell his share of property but his sister who is 80 yearold has filed a case for equal share. She was married in 1955 and has no husband she is having two children (one male and one female).
Whom would law favour if we file objections please answer ? My father or my aunt ?
Shilpa Rani
04 January 2009 at 15:50
Hi
I am raising a 6 yrs old girl from 4 yrs( adopted as my daughter not legally ).She is everything to me ..recently i got some money after selling my land inherited to me by my grandfather...i got DD from the buyer so i deposited that money into my saving bank account...my questions are:
1.can i fixed deposit that money jointly on my name and my daughter's name even she is not legally adopted daughter.
2.In future if she has to claim the FD money does she need to be major...or anyone on her behalf can get it..i mean her biological parents.
please give your inputs...
Shilpa Rani
04 January 2009 at 15:43
We are 3 siblings .Recently we sold our Grandfather property which has 4 shares and i took my share from that sold money.
I was paid my share by D.D.I deposited that money in my saving's bank account...
now my query is ...do i need to pay any tax like capital gain tax etc for the amount i got...the property sold is agricultural land in AP india ...if i have to pay tax ...what taxes are applicable in this case...Actually the money i got is Fixed Deposit on my daughter's name...if i Fixed Deposit the money i got from selling agricultural land...will i still need to pay tax...please advice
SHAAN.......
04 January 2009 at 14:10
We have couple of shops at our hometown which is Karnal Distt. in Haryana state. One shop is given at rent from my Grand-father time to the tenant & from that time the shop is with him. After the person to whom shop was given his son was using the shop & now farther his sons are ready to work in our shop. Now we want our shop to free from tenant. Can any one please advice what type of case we should file in the court for this purpose & what step should we take on before filing case?
The building is very old and was build in 1949. It was given on rent in year 1974. Before this we have done a sub-let case in 1984 or so, In which we won at Session Court but Lose at High Court and Supereme Court didn't take the case. After that we did the case only for increasing the rent.
My Father has the property on his name & he has two sons one is me other is doing MBA. So, Can any body advice on this case.
Thanks in Advance.
Guest
03 January 2009 at 21:49
A is the plaintiff and elder brother of B, the defendant. A purchased a house in the group housing society, meant for only his organisation employees, after taking housing loan from his organisation and also from thrift and credit society. His younger brother along with his family requested his elder brother to allow him to stay with him for some time. Later on, the younger brother forced the plaintiff to vacate and stay in the first floor and illegally occupied the ground floor. The defendant also was forcing the plaintiff to sell half of the property to him. When the plaintiff filed the case for possession of immovable property and mesne profits for Rs.5000/- per month from the date of suit, the defendant resisted by saying that actually, he financed the plaintiff to purchase tghe property and that is why he hasgot rights in the property. The clear title is in the name of plaintiff and he is still paying instalments to his employer for the housing loan. In the case the pleadings are complete and the evidence is yet to start. The defendant is prolonging the litigation by filing frivolous applications.
Now my question is:
Under what order and rule of C.P.C., the plaintiff can move interim application seeking interim relief of Rs.5000/- per month from the defendant, as the plaintiff is paying electricity, water, housing society and other maintenance charges. Kindly advice me and sincere advance thanks.
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EVICTION OF TENANT
i want a case law on eviction of tenant.
where " there is no agreement to construct by tenant, not entitiled for cost and liable to be ejected"
one of my suggested a link but could not give me the full details of the case law
1997 lawsuit 538, 1997 SCC 530.
please someone could help by giving full case law details?