Member (Account Deleted)
31 May 2011 at 10:31
sir,
i am representing a landlord in a litigation who has given his premises for 33 months on a registered leave and license agreement to one of his colleague junior doctor for medical purposes.
now, my client had filed a suit for ejectment and possession before the Small Cause Court and the same was decreed. thereafter, the defendant therein filed an appeal U/s. 26-A of the Provincial Small Cause Court Act, and Section 34 of the Maharashtra Rent Control Act, 1999 and the same was duly dismissed. now the original defendant has filed a Writ Petition U/A. 226 of the Constitution before the High Court and the prime ground is that, since the definition of licensee does not include premises given for medical purposes. the defenant is not a licensee and hence all the proceedings undertaken by my client fall to ground and that the defendant becomes a tenant or a lessee ?
my questions :-
1. is defenant correct ?
2. Whether a leave and license registered agreement for commercial purposes help a landlord to file a suit for ejectment and possession before the Small Cause Court under which act ?
vasudha murthy
29 May 2011 at 15:23
I had availed an educational loan from Nationalised Bank.During Nov 2005. Course completed in october 2009. Repayment to start from Nov 2010. EL rules provide that interest accrued during course period can be paid along with principle in equal emi after 1 year from completion of course or getting employment whichever is earlier. However my parents who are also coborrowers agreed to service interest as soon as the loan availed with a good intention of reducing burden later on. However as my mother retired during fag end of interest service period and few instalments became overdue. Bank treated my account as default and reported to cibil during Sep 2009. However after long correspondence and arguments we were able to convince bank that there was no obligation to pay interest before completion of course and any default cannot be treated as NPA and they promised to re phase installments and treat account as STANDARD ASSET.
Is bank wrong in reporting the matter to cibil ? Now after restructuring as Standard asset can I demand removal of CIBIL report?
M RAVI KUMAR
26 May 2011 at 18:47
Sir, I Ravi, Age-25 R/o Mahabubnagar, submit that, My father has murdered in 2001. My mother is one of the accused (A3) in the case, since our father's death we are not living with her and she was absconded to court since July 2003. Hence the court was splitted case in October-2005 and run against A1 & A2 and disposed off. Since our father is an Govt. employee we have still did not get any pensionary benefits due to her absence. As she is not living with us we have not filed any FIR in Police station, however the Police submitted their non traced report to the Court. Basing on the report court splitted the case. I have obtained the Warrants issued, Judgement copies from the court as certified copies which reveals that she was absconding since July-2003 and not traced so far (copies enclosed). Therefore I request you sir kindly give me suggestion that, how to get the Declaration of Death from the court and whom I have to get be parties and how much time it will be takes. Thanking you,
Rama mohan Acharya
24 May 2011 at 10:35
The permanent Arbitration machinery has been setup for arbitration of disputes amongst CPSUs. One of the PUS had initiated court case in lower consumer forum,and on failure preferred appeal in State Consumer Forum and national tribunal respectively. Now Supreme Court is the appelate Court. can the CPSU approach the PAM at this stage instead of filing SLP? If yeas kindly quote the relevant provision/guideline please.
Member (Account Deleted)
21 May 2011 at 23:58
hello experts, i need a help...can anyone provide me the chart of pecuniary jurisdiction? i mean according to pecuniary valuation which court has jurisdiction to hear a particular case? thanx & regards,
Anonymous
21 May 2011 at 13:46
Illegal appointment since 1989 but working continuously through tactics and due to loop holes of law. In a autonomous body of central Govt. an employee who has no basic and essential qualification since 1989, not having relevant experience certificate of three years for which he was granted nine marks, he got the two promotions from 1989, however not having minimum qualification. In 1992 the investigation committee framed by Hon’ble Central Minister found his appointment ab-initio illegal on the same grounds. But due to high level corruption, higher authorities diluted the inquiry report in1997. In CAT he was impleded as a party in 2000 while the process was started from 1998. After found the guilty in CAT he was terminating accordingly. He filed the appeal in High Court in 2002. Now he is again sure that he will escape safely due to res-judicata, on the grounds of limitations and locus standi . Please provide the relevant citation by which I defend accordingly. Please provide some Supreme Court’s relevant Judgments by which I hammer his law of limitations, law of res-judicata and locus standi.Please reply as soon as possible.
rajesh makol
15 May 2011 at 17:04
Please study the following case and suggest:
DDA alloted a rooftop Janta flat 123-C to Mrs. Raj Rani in 1988.
In 1989 Raj Rani sold the DDA flat to Surinder Arora via a GPA registered in Noida and executed the will and receipt in favour of Mr. Charanjit singh Sharma on the same date.
Surinder Arora was in possession of flat and build unauthorised construction 3 room set on the roof of the said DDA Flat.
Due to dispute between Surinder Arora and Charanjit Singh, Charanjit Singh mortgaged the unauthorised construction to Mr. Sushil Arora for Rs. 2 lac and gave possession of unauthorised floor in 1999 via Notary attested conditional agreement which said that in case he is not able to return the amount he will execute proper sale deed in favour of Sushil Arora. Surinder Arora sold the said flat on the basis of GPA to Rakesh Malhotra in 2000.
In 2008 Rakesh Malhotra created forged will and receipt of Raj Rani to Surinder Arora to complete the chain of documents and sold the flat to Lalita on the basis of GPA will and receipt.
In March 2010 Sushil Arora who didn't get the mortgaged amount executed GPA and will and receipt for the unauthorised construction by renaming it as 123-D (which does not exist in Govt. records) and sold the same to Rita Kumari. Rita Kumari resold the same to Sudha SAchdeva via registered GPA and receipt.
Lalita is in possession of 123-C and Sudha SAchdeva is in possession of 123-D.
Dispute between Lalita and Sudha arose and Lalita filed a civil suit for cancellation of papers and depossession of extended structure on the basis of GPA, Will and REceipt. In reply Sudha Sachdeva challenged the will and receipt producing the will and receipt executed by Raj Rani in favour of Charanjit Singh.
What shall both of them do now?
Can the case filed by Lalita be dismissed just because the will in receipt filed by her are not genuine?
What are the options available with Lalita?
What is the most probable outcome of the case?
Please reply. It is extremely urgent.
Thanks for all the help previously extended .
Saptarshi Paul
14 May 2011 at 17:05
Mr X had a agreement to sale his shop to MrY for Rs 1,80,000/- and Mr Y advanced only Rs 80,000/- and one agreement of sale also prepared and signed by both.
After few days Mr Y said he don’t want to purchase the shop and ask Mr X to return advance money.
Mr X agreed and said Mr Y that he will return money in 3 installment that is 20000/- , 20000/- and 40000/-
Mr X paid Rs 20000/- in Jan 2006 and 20000/- in Dec2006, Mr x had written in the back side of original agreement paper about this two payments that out of 80,000/- he had paid 20000/- in Jan 2006 and 20000/- in Dec2006,
But when he last paid The remaining balance in Feb 2007 that is Rs 40,000/- he ignored to write any entry in the agreement paper as Mr Y was his friend so he never think it will create any problem.
Now Mr Y denied that Mr X had paid Rs 40,000/- to him and filed a money suit against Mr X
My Observation are as follows:-
1. When the agreement was made it was only mentioned “that the advance amount Rs 80000/- paid by Y to X against the purchase of shop” and full consideration is not mentioned and it is only mentioned that Mr y will pay the rest on handover the shop by X, and it is no where mentioned the said amount is refundable if the said shop is not transferred to Mr Y.
2. After paying the first installment of Rs 20000/- there should be balance of Rs 60000/- but Mr y acknowledged a receipt on second payment like that “out of Rs 80000/- (instead of Rs 60000/-) Rs 20000/- received.”
3. So there is anomaly in document on which basis the money suit was filed.
Now I need suggestion from all of you that how I can save Mr X has the original agreement paper and payment entry all are in the hand of Mr Y
Kindly guide me the proper provision of Law.
Regards
S Paul
Pandri
14 May 2011 at 09:53
I entered into a Sale agreement to purchase a site last year. Due to Govt regulation/Society issues the seller is unable to produce all documents. A clause in the sale agreement mentions a penalty of 2.5 % interest per month on the advance paid. My questions are:
a) Is there any rule/guideline on the interest rate for the penalty. In other words is 2.5% enforceable?
b) Are there any instances of decrees involving the above point
c) I have been in written communications (email and registered letters) with the seller. How do I assess the validity of the sale agreement?
Appreciate your help in answering the above questions. Thanks a tonne.
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clarification about the easementary rights
Originally the tiled house of 3 portions facing to west side is having lane of 1’-6” width at southern side. In the year 1933 one portion (Northern side) out of 3 has purchased by great grandmother of my wife.
Schedule of property in the above document is
i)House 12’-0” X 48’-0” = 64.66 Sqyds.,
ii) 1/3 share of common lane (Southern side) 1’-6” X 4’-0”= 2.65 Sqyds.,
Total = 67.31 Sqyds.,
and provided Easementary Rights providing 3’-0” width rear side (Eastern side ) of remaining portions (2) to reach the inmates in to common lane at southern side through this lane 3’-0” width providing rear side. Subsequently the remaining 2 portions sold to Smt. Yerramma in the year 1937. In the seal deed of 1937 the Easementary rights of earlier portion that was sold in 1933 clearly mentioned by the seller.
Subsequently in year 1993 due to disputes in family of great grandmother the house was placed in auction, In auction notification it is mentioned as area of building is 67.00 Sqyds with all Easementary Rights of the house that had.
My wife with having affection on great grandmother she purchased house in the auction in year 1993. The court receiver prepared document without mention clearly the previous schedule of the house. He mentioned the area of house as 67.00 Sqyds., with normal Easementary Rights, without mention 1/3 share of southern side lane and Easementary Rights over the lane of rear side of balance 2 houses.
We have provided Municipal tap line after purchasing in 1993 to our house and it passes through southern side common lane and 3’-0” wide rear side lane and also a small drain is passing through 3’-0” lane provided for easement and it passes through southern side common lane, we are being used the same drain to dispose of sullage water of inmates of our house.
Now recently the grand daughter who acquired the property of balance 2 houses through gift from Smt.Yerramma. Where in the gift deed Easementary Rights over 3’-0” wide passage not furnished by the donor wantonly got the injection order by showing the sale deed of our house which was registered by the court receiver and showing the gift deed, without showing the documents 1937 and 1933 and they have constructed a 3’-0” width wall across the 3’-0” passage and concrete plug was put in the small drain.
Now the dispute is in the Hon’ble Court
Let me know whether the old documents can be useful to prove our Rights even those document prepared by the receiver not specifically mentioned the Easementary Rights over rear 3’-0” wide passage.