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Member (Account Deleted)   01 October 2009 at 23:23

Lapse of time. Can buyer get money back?

Lapse of time. Can buyer get money back?

To purchase a building part of amount was paid 7 years ago. Buyer is residing in abroad. Seller signed on stamp paper and received advance amount towards sale. A date (3 months from the date of agreement) was mentioned in the sale deed. If the amount is not paid it will be forfeited. Buyer unable to pay in time. Buyer came to India and sent a legal notice to the seller that the seller didn’t provide all documents. In reply seller sent paper and asked him to pay amount and register the building. In the mean time buyer went to abroad. After a gap 7 years buyer came to India... Now he wants to purchase that building as per the first agreement or return of paid amount with interest. Now the seller made an agreement with some body to sell his building.

Is there any chance to get his paid amount as an advance? If chance is there under what rule he can file a suit?

Please clarify.

muthukumar   01 October 2009 at 20:56

Property

Sirs,

A property is purchased by Mr.X in the year 2006 and now he is able to build a house in it. But, some third parties told him that the property is taken by the Government for construction play ground.
my question is that

1) if a land is taken by the govt., it is necessary to intimate the landlord or not ?

2) What are the procedures taken by the Govt. while it has been taken a land for making a play ground.

Suresh   01 October 2009 at 20:21

Injunction Order

Hi,

I would like to know about Injunction Order and its effect if its not obeyed.

We are a tenant and paying rent regularly.
4 years back my owner started rejecting rent(saying he has sold the property, but no one has appraoched for claimining the property) which was sent as money order, then we
started paying the same rent through rent controller.

My owner was receiving rent from 3 shops and one shop was mine. Recently few builders have approached the other 2 tenents and has done settlement with them, those 2 shop tenents are ready to vacate their shops. Builder has a piece of land behind the 3 shops which i mentioned, he has apprached them(other 2 shops) to get an approach road for to the piece of land behind the shops.

We have heared that after vacating the 2 shops he will dismantle the shops, in that process it is obvious that my shop will also be damaged as all shops are under one roof.

We have taken Injunction Order Vs the Owner ( whom we used to sent rent, as no has appraoched us for claiming the property owner, we dont know who the owner is)

My query is that now the bulder who has vacated other 2 shops is unaware of the Injunction order taken by us. Suppose he comes to dismantle the other 2 shops can we stop him from dismantling. can he be booked under the law of disobeying injunction Order. Please Advice.

WHATSAPP 91-8075113965   01 October 2009 at 18:12

amendmend of plaint

sirs,
in a suit for eviction and arrears of rent, plaintiff was depending up on a kacheet[rent agreement]. after filing of the plaint,when the defendant was served with the copy of plaint, defendant came to know that rent demanded and period stated in the katcheet do not match, he gave a written statement, to that effect.
after , receiving the copy of the written statement, plaintiff seeks permission to amend the plaint.but, the defendant thinks of opposing the plaintiff"s attemptby filing a strong counter- statement, on the ground that it should not be allowed as, it will change the very nature and charector of the suit.
also,plaintiff came to know about this mistake only after going through the written statement filed by the defendant .
please advise me whether there is any ruling to the effect that amendmend should not be allowed .
salil kumar
advocate
thalassery-670101

Amandeep Singh   01 October 2009 at 08:42

Can arbitration award passed by the court can be amended

Sir
We have got property share under an arbitration award but after award being passed by the courts one of the party challenged the said award. Against the challenge a compromise was executed in the same courts in which it was written that compromise is part and parcel and supplement to the same challenged award. Sir I want to know whether the compromise can be set aside as it contains certain terms of selling the house which we got in the original arbitration award.

Atish   01 October 2009 at 01:12

RUNNING LAW CLASSES AND PRACTISING LAW

IS A ADVOCATE WHO IS RUNNING LAW CLASSES PRACTISE IN THE INDIAN COURT OF LAW AND REPRESENT HIS CLIENT AS AND ADVOCATE IN COURT

Amandeep Singh   30 September 2009 at 21:20

Pls reply in respect of compromise deed after arbitration

My father Gurchaaran Singh after death left two properties one at Mohali and other at LUDHIANA. aS PER ARBITRATION AWARD the property of Ludhiana came to my share and property of Mohali to other brother.MY brother challenged the Award and demanded that the Award may be set aside on the following ground, that he has spent Rs. seven lac for the reconstruction of Ludhiana house and also demanded that an oral promise was made that RS. 12 LAC will be paid after issue of TS 1 OF M.Corp.He has no proofs in respect of such claims and he had not spent any amount in respect of the same.
After that acompromise deed has been signed in court and it was accepted that RS.549,000 will be paid to my brother and the para reads as under :

"0n receipt of Rs.549000 all the claims of Kuljit Singh in respect of the estate of
GURCHARAN SINGH shall be fully settled."

Please answer how much money I have to pay my brother Kuljit Singh.


vinod bansal   30 September 2009 at 19:55

sale of attached property by custodian/surety

R/Members
My client is decree holder of a recovery suit(Civil suit for recovery of cheque amount)& he filed a execution petition in which JD property i.e. Bricks 5 lacs of his Brick klin)were attached & A villager was appointed superdar/custodian of the attached property,now now yesterday my client visited at the place where attached BRICKS property was lying but he was stunned to know that all bricks has sold by the supardar in connivance with Judgment Debtor/JD,Now what is remady available to me & under which provision of CPC so that i can request to court to initiate action against Supardar & JD.Thanks with Regards

AMIT TANEJA   30 September 2009 at 17:49

insurance law

HOW AN ADV. CAN SPECILISE IN INSURANCE LAW
HOW TO PROCEED IN THIS FIELD

Navin Raj   30 September 2009 at 11:05

Challenging jurisdiction of court

Dear Members,
My former employer filed a money recovery suit at a Delhi court. The plaintiff is a Delhi based pvt Ltd company & have tried to prove that i had worked in Delhi whereas the fact is that i had always worked out of Delhi, gave a promissory note out of Delhi , the note got dishonored (means the payment was stopped by me)at a local bank ( operated by the branch of the co.)out of Delhi.

I read sections 19 & 20 of CPC 1908 & examples given does not relates to me. I want to challenge the jurisdiction of the delhi court & wants to bring the case to my home town.
Pls advise