LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   24 February 2009 at 02:12

Regarding Land Revenue Court

I will be highly oblidged and thankful to you for sending me your valuable advice/opinion, I am in need of your valuable opinion once again in the same case ,which we discussed earlier i.e-

Yr 1979 ,we purchased the two properties,(1) a residential Building and ,(2) a open plot with a small industrail shed in it,. We did two seperate Registries for both the properties.

Yr 1985,we got muted open plot with small industrail shed in our name in Land Revenue Records of our place.

yr, 2005 WE got muted Residential building in our name, in which we are staying since from its purchase and had our name transferrred in Muncipal and Electricity Dept,since after its purchase i.e from Yr 1979.

Now OUR PROBLEM-

The Registry of Residential Building is in name of 6 joint owners and we got muted in their name in Yr. 2005,in month March.
The Seller got cancelled our above Mutation order in Nov 2005,without challenging the Original Registry ,on some techinical grounds such as why we muted after so long and after a approx 25 yrs of its Registry etc.. The seller got cancellation order without making us party in the case,I mean they through illelegal setting with court machkuri got that we are not accepting the Notices and thus got Ex-Parte order against us.One point is here that they got undelivered notice in name of only 5 joint purchasers and got order in their names and not in the name of 6th joint owner.Thus they got cancellation order in name of only 5 joint members and order was not against 6 th joint owner.
WE challenged the case immediate,after getting in our knowlwedge and the case is going on Revenue dept.since end of yr 2005.

I want to know ,what is Rights of 6 th joint owner?
Can they now get order against 6 th joint owner? what is the time limitation to challenge the mutation in Land Revenue Records?
Can 6 th owner again get his name registered in Land revenue Records,as there was no Cancellation Order against Him?
Can they challenge the Mutation order got by us in Yr 1985 in the same manner ,as they did for our Mutation order of Yr 2005? We filed Caveat in Land Revenue Record,on such expectation that they again can get order without hearing us,for which we gave notices by Registered post ,but there we received reply from Postal Dept. that they are not accepting the post,even after going many times to their place?

Later they simply ,with the help of Revenue Dept staff got removed our B1 of Yr 1985,mutation ,from land Revenue Records illegally ,by hiding the B-1 book of that time and in the latest Record of Dept,they are having the whole property in their name.We have all the Original copy and truely certified copy of the order of Yr 1985.

What we can do for getting back name in Land Revenue Records for our mutation of Yr.1985 ?

We will be very oblidged in getting your valuable advice again.



Thanking You Sirs,

Yours faithfully,

Sanjay chandak,

contact n0- 09300061575

rashmiramanath   23 February 2009 at 18:17

Compulsory wearing of safety helmets and abolition of alcoholic drinks sales.

Respected counselors/solicitors
Can anybody clarify for the following with authentic justification clearly.
The Motor Vehicles act has been amended and orders passed regarding wearing of helmets with a view to avoid head injuries and fatal accidents in our country.
but, as this is a social issue and if anybody questions this, the answer will be for the cause of safety and welfare, everyone should follow it.
but, on the same scenerio,the after effects of alcoholic drinks and their regular consumption has led to detirioration of hundred and thousands of families from peaceful life to rugs and beggarhood.
can"t someone file a suitable petition or litigation in this regard and get orders that as this is a social issue which can cause negative effects to society and because of provision of sales and availability, people are consuming alcohokl and other intoxicating drinks.
If the government considers wearing of helmets saves life although other issues arise such as proper road maintenance.proper road traffic rules and acts, good system of traffic signaling network,proper and adequate humps etc.
moreover, in cities, due to larger and heavy congested traffic, people cannot go
more than 40kms speed within city limits .
considering all these factors if anybody can file a PIL sand fight for it in such a way that as people know the after effects of alcoholic drinks and its consumption along with government, the same is being left to the will and wish of society and its members.
in the same way, the usage of helmets can also be left to the will and wish of riders and compulsory road improvement, traffic signal system technical up gradation etc can be applied so that the society can be free from this compulsion of wearing helmets.
this has served only the helmet manufacturers lobby and has given them good profit and the so called elected bodies viz;MLA and MP some large source of finance.
i request to the experts to kindly give your genuine/practical views so that a PIL can be filed and won for the cause of good will of society.
requesting and expecting your earliest reply.
thanks and best regards
Rashmiramanath

V.V.RAMDAS   22 February 2009 at 00:46

can a decree is executable without a separate prayer of Mandatory injunction?

Sir/Madam,
Would you like to clarify my problem? My problem is - Plaintiff filed a suit for a path/way from his house to road intervening a government land over which 8 quarters exists, with a prayer to declare his right and to demolish 8 quarters along with perpetual injunction. Ultimately the court decreed in his favour and he filed for execution of the decree. So my question is can this decree is executable without a separate prayer of Mandatory injunction. If yes kindly do provide some citations of any High court or Supreme Court. Waiting for your valuable reply. -Ramdas-

venkat reddy   21 February 2009 at 13:43

cancellation of saledeed

sale deed has been executed,vendee has been issued cheques for payment but the same has been dishonoured,cheque numbers has been mentioned, what will be the remedy whether to file cancellation of sale deed or 138 of NI Act.

please help out.

Chetan   21 February 2009 at 12:39

Partition - Mortgage

My client has filed a suit for partition over a ancestral house property.

Recently my client learnt that one of the defendant sought Cash Credit from SBI BAnk by mortgaging the suit property.

Under such circumsatnces what should I do

Pramod Rai   20 February 2009 at 21:32

MAINTAINALIBITY

IN A FIRST APPEAL BEFORE HIGH COURT AN I.A. WAS FILED AND THAT I.A. WAS DISMISSED. QUESTION IS THAT WHAT REMEDY IS FOR PETITIONER, CAN HE FILE AN L.P.A.(LATTER PATENT APPEAL) BEFORE DIVISION BENCH OR NOT, IF YES, IS THERE ANY CASE LAW.

ganesh   20 February 2009 at 13:39

PG hostel in Apartment

I am staying in a apartment of 220 flats. One owner has around 60 Flats and he is renting out as PG hostel. Almost 10 bachlors are staying in a Flat. Their nuisance is increased day by day. Water consumption is high.
What could we do to move them out of the apartment or to have a rule to stay six people per flat?

Regards
Ganesh

rk   20 February 2009 at 08:25

execution of decree

pl advise what is meaning of
"execution of decree" is it always required in which condtions it is not required

i have a decree/ order, it doest not ask for execution of decree , does one still need execution of decree ?

rk   20 February 2009 at 08:21

advise to deal with flat grabber

i have an uknown person who has removed my board from my flat and put his board claiming flat belongs to him , i have a court order (decree and Letter of admin) and flat is still in my fathers name what i should do logically how do i maintain my possesion , currently it has my lock and i am no staying for fear of physical threat to me

rk   20 February 2009 at 08:14

where to submit report against Letter of Admin

hello,

in which dept of court one has to submit report asked by in contents of letter of admin issued by court

secondly if there are genuine problem administering the said property,eg third unkown party is not allowing access flat by puttingup his hoarding claiming flat belong to him , this party never existed in original court case, turned up suddenly , will court take action or one has to file a seperate case for that