LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anmol   26 August 2022 at 16:19

Rent recovery from ex tenant

My tenant was evicted due to non payment of rent assessed by the court . Money recovery is not done , he has no asset on his name but everything is on his wife's name . Alternatively 2 forged rent agreement's on his wife's name with my forged signatures and with witness of the people working at his shop , was found during the eviction from the premises . Also the exact same people signed the papers during the eviction process . There also exist's a bounced security cheque for a small amount in comparison to total due's. Which litigation would be more efficient in trying to recover the arrears . Since I believe in civil recovery, I would just have a paper decree, pay the fee's and still no money , since he doesnt have assets on his name . Only a car which is on loan again .What is the best remedy in such a situation .

Guru   25 August 2022 at 19:52

Argument without lawyer.

dear sir / madam , may I know without lawyer can I put argument in the court ? mainly to mention things and explanation . as I'm not able to afford the lawyer fee. and also may I know , alternatives . Thank you.

BRIGADIER RM SHARMA   25 August 2022 at 11:23

Elections of rwa

Sir, If some of the residents demand holding of early elections, can governing body of an RWA announce elections before expiry of its normal term.

Anonymous   23 August 2022 at 21:59

Suit for specific performance to sell

Hello 

Iam the buyer of property in Hyderabad .The open  plot prices   in Hyderabad vary as per the approvals available for the open plots/layouts  ie1. HMDA ( Hyderabad Metro Development  Authority ) , 2.DTCP ( Directorate of Town and Country Planning ) and  3. unapproved plots wherein the prices are least for unapproved   .I paid a advance of 1,00,000 INR towards purchase of a HMDA approved  plot on 1st July 2022 .The owner cum  seller  of the plot signed the token receipt   as a " HMDA approved layout " and he offered  me  to sell as though it is   HMDA approved plot  and charged me  as  per the HMDA plot prices prevalent  . The plot owner cum seller assured to produce the HMDA approval letter  in few days but failed to do so .Few days down the line, the plot owner cum seller  again demanded ten  lakhs to exhibit the HMDA approval letter , I paid him  ten lakhs, took a receipt from him in  which it is clearly mentioned as HMDA approved plot    but  the  owner cum seller   couldnot produce the  HMDA approval copy of the plot  or layout .Later ,I enquired with HMDA Office  and got a  a written statement from them through RTI Act  that the plot or layout is not HMDA approved and the plot stands unapproved .I sent a notice letter to plot  owner cum seller that I was ready to go ahead with the registration of the property subject to the condition that rates are being revised as is was no more a HMDA approved plot .There is no response from him till now .Can I  file a suit for specific performance to sell ? Is there a format for it? Please help  

 

Anonymous   23 August 2022 at 15:12

Legal guardian (national trust of india)

Maintanence and Residencial care,Others. How do get Suceession certificate, For Legal Guardian.(National Trust Of India)

Anonymous   23 August 2022 at 12:08

Need advise - please

X has a complaint already filed over Y in the court, that the construction of Y's house has caused damage to the X's property. Meanwhile, Y decided to stay on his property as X's intention is pretty clear to keep Y away from living in the house Y is building. Y did some furnishing work inside the house. Court has put a stay for Y's construction. But Y decided to stay in the house anyway even though it is not fully finished. As 1. X trying to corner Y by purposefully delaying the case by numerous petitions 2. Y has no other place to rest his family. Now X has come up with a petition to the court requesting the sealing of Y's property stating they have violated the court's order to stop any construction until notice.

What is the best course of action for Y here? X is making unbearable demands to have any offline talks. Y is ready to obey if the court is making decisions based on findings from the engineering committee (appointed by the court) observation to settle the case. But X is not happy with the engineering committee's findings and coming up with objection over objection. All Y want is his own place for his family to stay peacefully.

Guru   23 August 2022 at 01:27

District consumer court.

dear sir/madam , does district court has the same powers as other courts ?

Does district court can handle the cases as other normal courts ?

What is the difference between district court and other normal courts ? Thank you

Vasudevan   22 August 2022 at 10:19

Time for appearance for cross examination - reg.

Sir, I am the Plaint in a Rent Control Original Petition before the court. I had been examined in chief. The case was adjourned to 23.08.2022 for cross examination. Due to pre occupied programme, I may not be able to attend on the schedule date. I want an adjournment. Is there any provision under CPC to pray for an adjournment for cross examination. As I am the party in person, I shall be much obliged if you respond at the earliest.

Thanks in anticipation.

Balaji Bakthavathsal   21 August 2022 at 13:05

Opposing restoration petition of an appeal suit

Dear Learned Lawyers,
I humbly request you to give your valuable guidance / suggestion in the following matter.
As some fraudsters attempted to grab our property with the help of some fake documents, we filed a civil suit in the lower court in the year 2010 seeking permanent injunction restraining the fraudsters against trespassing and mandatory injunction to the registrar for cancelling the fraudulent encumbrances made on our property. Since the respondents failed to appear before the court, the judge awarded an ex-parte judgment / decree in favour of us in the year 2016, granting the prayers sought by us. However, one of the respondent who is a mere power agent who obtained the Power of Attorney from another fraudster and whose power of attorney got cancelled by the fraudulent principal filed an appeal suit in the next appellate court immediately in the year 2016 itself and dragged the suit with the intention of of giving mental torture to us and thereby extorting money from us. We did not yield to expectation and patiently attended the case. However, the appellant did not appear in the court nor his counsel came forward to argue the case. After more than 6 long years, finally the appeal suit got dismissed by default by the appellate court as there was no representation from the appellant side. Now it is learnt that the appellant has filed restoration petition to restore the appeal. The notice is yet to be served to us.
Under these circumstances, I humbly request the learned lawyers to suggest / guide the best means to encounter the restoration petition ?
Thanking you,
With regards
Balaji

Anonymous   21 August 2022 at 11:57

Regarding money recovery act case

Hi,

I have filed one recovery act case on a person who is supposed to give money. case is running and reaching final stages. As per my lawyer we will get favorable judgement.

But my lawyer is saying it will be difficult to recover money even after judgement . we should be knowing about the defendants property etc.

But how to get those details. I know that person from long time but having no idea about his properties. I am having his Aadhar card xerox and pan card details.


Pls guide me.