shivraj
19 August 2009 at 21:39
In suit for specific performance agreement executed by the owner def.no.2 def.no.1 being POA executed agreement admits the agreement in WS of def.no.2 def no.1&3 have not filed WS def.3 is not party to the agreement in remanded judgment issue framed against def.1 whether agreement is binding upon def.3 plaintiff filed for depositing amount of sale and filed pursis for deletion of def no3 as agreement not signed by him.
There is no question of property is solely owned by def.no2.
Whether rejection for pursis for deletion f party is proper?
Whether rejection of application of depositing reaming sale amount in court is proper?
Whether review application is maintainable u/s 114 of CPC read with O-47(1) for setting aside the orders on pursis and application for leading evidence?
vinod bansal
19 August 2009 at 18:04
R/Members
We are four brothers having a joint possession in a old house,that house is consisting two rooms & presently is vacant,my three brothers wants to demolish that old house & further wants to construct a new house their on whole land without my consent.that house is not partioned,i have filed a suit for permanent injuction praying for restraing my brothers not to demolish the house n not to disturb my possession on 1/4 share of the house.I have listen that court cannot passes an order of injuction against co-sharer,i want some citation for permanent injuction to restrain the defendants from demolishing joint house(property).kindly help,thanx Regards
sanjaygarg796@gmail.com
19 August 2009 at 17:58
whether the provision of this act is also applicable on the residential builidng ?
Boomi Nathan
19 August 2009 at 14:12
Dear Sirs,
I bought a property in chennai in 2007 in a Unapproved lay-out which was formed in 1987.
My plot no. is 10 and my adjacent Plot is No. 11 in Eastern Side. The Northern boundary of Plot No 11 is 8. The first sale deeds executed in 1989 Clearly show that there is a 20 feet Road on the Eastern side of the Plot Nos. 11 and 8.But in the consecutive sale deeds The 20 feet road is taken away.The first Purchaser of Plot no. 8 buys only 60 feet on the Northern side in 1989 but he sells 80 feet in 2001.Thus occupying the 20 Feet Road. Similarly the First purchaser of the Plot No. 11 buys only 35 feet in Southern side in 1990 but he sells 55 feet in 2001. (Occupying our 20 Feet Road). And now the 20 feet road is completely blocked. That is the only access Road for us to reach the main Road. What is the remedy? Can we file a WP against the Sub Registrar in the Madras High Court to declare the consecutive Sales Deeds are Nil and Void?
(the 20 Feet Road is beneath the 33 KV High Tension Line)
Please advice.
G. ARAVINTHAN
19 August 2009 at 06:46
Is it possible to get details of a loan/ credit card accounted in a Private bank under Right to Information Act?
shamsuddin
19 August 2009 at 01:03
I m tenant prior to 5 yrs back the rent agreement is expressed in writing in the month of march 2004 . In the month of april 2005 the owner of the premises broken the lock and tried to disposses me , i have filed suit for injunction the court given me temp injuction, now the matter is fixed for final hearing, so can any one give citation regarding perpetual injunction against said landlord.
aloy
18 August 2009 at 19:04
Case History
2001 Filed a case in Thanjavur civil court against the neighbor for interrupting the construction of staircase as he doesn't have wall for his house entrance, and according to the document the wall is on our boundry. We request the court to allow us to scale certain part of the wall to build our staircase.
2006 Got Judgment to proceed with our constriction in our premises accourding to our document produced to the court. Also reclaim the fund occurred as court expenses
We constructed the staircase by scale certain portion of the wall, on completion the opponent refused to work on their end leaving bricks seen and claim that their wall got damaged.
2006 Our Opponent filed a case district court that due to our construction their wall got damaged and they requested court to issue order to demolish staircase.
2009 today : District Court issued order to us to demolish the staircase within 3 months.
The wall is about 12 feet high and 8 feet long. the wall is in our premises and the opponent has no wall at all.
Any help / advise in this case is highly appreciated.
Many Thanks !
Raja
shamsuddin
18 August 2009 at 17:36
Perpetual injuction should be granted to the lawful tenant
ashish sharma
18 August 2009 at 15:26
My wife married with me in feb 2005 and after taking divorce from her ex-husband her ex-husband took forceful possession over the property at patel nagar, new delhi which is in the name of my wife through gpa of 1995.She is sole owner of said flat but her ex-husband is a greedy person took forcible possession over the said property and molest my wife with their family members in public FIR was lodged aginst her ex-husband in ps patel nagar u/s-354/341/34 IPC in may 2005.Thereafter we both file petition for survillence and protection when her ex-husband threaten to me and my wife for withdrawl of FIR in 2008.High Court has passed decision in our favour.In Oct 2008 her ex-husband file false civil case for suit for perpetual injunction against me and my wife for the possession of said property on the basis of forged mortgage deed tht my wife has taken rs. 10 lacs from him in june 2005 and mortgaged the said property.how it is possible the FIR was lodged against this person in may 2005 and my wife took rs. 10 lacs in june 2005 and mortgage deed was expired on june 2006.When we come to know about said mortagage deed my wife immidiate registered the said property in my name for saving the property from her ex-husband in oct 2008.I had filed complaint case u/s-200 cr.pc. for preparing forged document against this person in nov 2008.But the court dont summon the accused on the basis that this forged mortgage deed is not sufficient to summon the accussed in aug 2009.we will go to revision to sessions in next 3 to 4 days.Any expert may kindly suggest how we will disposess the said person from the said property,suggest any suit or civil litigation to evict this person from the said propery immidiate.Can we go for suit for possession in my name or my wife name?
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steps of the Courts when the defendants file their written statement after 18 years. Here 18 years means 18 years after filing the suit