Anonymous
29 June 2010 at 11:40
Dear Advocates,
I am having a property in a prime location in Madras which has been rented out to offices and shops One of the tenant is running a shop for past 20 years. Rental agreement is between my father and the tenant’s father executed in 1998. My father expired in 2002 and I became the owner of the property. I have not executed a fresh rental agreement. They have been paying the rents promptly and also increase in rent as and when asked by me. During the course of time some ego clashes and personal disputes arose between me and the tenant. I want to throw him immediately out of my house. I have given time to vacate the shop within 6 months and stopped collecting rent. The present tenant and his father pleaded to me to forget all the personal vengeances and ego problems and consider their plight, since this shop is their only source of income and fell at my feet to let them continue to occupy the shop. They are even prepared to give any increase in rent and extra rental advance. Even when they prayed at me to forgive them, I am not prepared to let them continue in m y premises since I am an egoistic person. They have started to send the rent by Money order which I have refused to receive. I want them to get out of my property as early as possible. I have lost the original copy of the rental agreement. I have property tax dues to the above property. By which source can I vacate them. The tenants are not simple persons, though they are falling at my feet, they will give stiff fight for any legal or illegal battle against them. How can I get them vacated, what is the time limit expected to vacate them if I go to court. I have not given rental receipts for past 12 months, but they have paid the rent in cash to me, can I carry the case on the basis of default in rent. They are making arrangements to deposit the rent in court, can I raise my objections for deposit of rent in court or shall I go in compromise with them.
Zia
29 June 2010 at 10:08
My query to learned experts related to ESI Act is:
In case the wage of employees/labours are revised say from a back date and arrears are to be paid to these employees for last 2-3 months. Then the question that arises is:
Even if the employers' and employees' contributions have been paid for last 02 months at ESI office, does employer require to submit ESI contribution on the differential amount of wage also which is being paid as arrear to employees/labour after wage escalation.
pratik
24 June 2010 at 01:24
Extract of the section :
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 2[such decree].
Query: Why it says that the Execution should be after 3 months & not before that ? Also expalin me the section 80 of the CPC becasue as per my view i would like to say that section 80 of the CPC says that if any aggrived party want to file a case against any public officer, servant or any state goverment or any central government than first the aggrieved party has to inform the them in 1 months time after the party aggrieved (means dissatified by whatever means of the service taken or given or done etc) & before the party file the case in the court.
Pls direct me if i am wrong.
Thanking U all experts in advance.
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