sekhar
22 March 2014 at 15:09
my upstairs portion was given to rent, he is staying from feb 2013. now he is givig trouble to use the common premises and using abusive word towords cotenent who is widow,and pensioner who is also relative to me and living alone. i asked to vacate , but he refuses to vacate. there is no agrement between us. i said orally to him that , vacate with in 3 months, and recorded in my sell. tenent is asking to give in writing. i refused. what is the right way. can cotenent lodge nusence case aginest him in police station,is it useful to vacate him.
CA Vijay Kumar
04 February 2013 at 22:20
Hi Dears
I am looking better solution for the following questions
A tenant is living in let out property by paying rent Rs. 2000 PM for last 20 years with his wife and 3 adults child in small room situated at 2nd floor of the property and neither he nor his family members has alternative of residential house for living. First floor is also let out by landlord and this tenant of first floor is for 3 or three years. Now landlord of the property which was acquired from the lady in 1987 allotted under The Displaced Persons (Compensation And Rehabilitation) Act, 1954, has filed a petition u/s 14(1)(e) of Delhi Rent Control Act, 1958 with stating that:
1 His married daughter can live on second floor to ease for going to Noida for her work place and cab facility would be available to nearest this house for up down from this place to noida.
2. He, landlord, has a house built up to 3rd floor where he lives with his joint family and married brothers and their wives and childrens. He also pleas that as per Hindi tradition and ritual, married daughter can’t stay with her parents.
Now I need the solution of the following
1 who has better need.
2. Landlord can file a petition after 20 years under Limitation Act
3. Deemed ownership would be applicable for tenant under Transfer of Property Act, or As per Income Tax Act, or Wealth Tax Act.
4 This petition can stand under Delhi Rent Control Act, 1958.
5 This property can fall under Delhi Rent Control Act, 1958.
6. Why he has not made evicted to tenant of 1st floor of suit premises.
7. Can tenant of 2nd floor plea to shift 1st floor as per law to make bona fide requirement of landlord
8.What are favourble to tenant keep in mind that he or his family member does not hold any alternative premises for residence
9. Pls suggest favourble case laws to the tenant
Please Reply
Regards
Anonymous
17 November 2011 at 12:27
Dear Sir/Madam !
Greetings for the day. I worked for BSNL(Mahaerashtra Telecom circle) and resign from service in July,2007. Since then i am working abroad. I ahve applied for my EPF and other benefit withdrawal 02 time from last 05 years but rejected due to small mistake from BSNL.
Now my last fully completed application form for EPF withdrawal is pending from 11-02-2011(10 months),Bandra EPFO. I came India in june 2011 and Oct-2011 and meet Assit commissioner Mr A.B. Lute and concerned clerk Smt. Seema Mhatre but till date it is not cleared. They are always telling it will be cleared and do not worry. I sent my father many times who is very old but still no solution.I have written many mail regarding this issue to CPFO,REPFO and PRO,Bandra,Mumbai office. Kindly advice me what legal action i can take on EPFO,Bandra since i am residing abroad so my father will represent. Any expert lawer from Mumbai in such type case will be highly appreciated. Kindly reply personal email address: anil_mishra707@rediffmail.com
With best regards!
Anil Kumar Mishra
EPF No. MH/BAN/46391/776
RAJASEKARAN VAIDYANATHAN
17 November 2011 at 12:15
I would like to know for what all loans pre closure charges are applicable.For example Term loans,Cash credit, Bank Guarantee,Letter of Credit and buyers credit.Is if imposed by Bankers tenable and if not what is the remedy
ANKUSH
30 April 2011 at 09:23
Hello
In a eviction petition before Addl. Rent controller under DRC act, 1958 under Bonafide requirement, respondent tenant was granted leave to defend.
During cross examination of petitioner landlord, in heat of arguments, advocate of respondent tenant said that he does not want to further cross examine the petitioner & voluntered to strike off his defence. On his request ARC, concluded cross examination of petitioner & struck off his defence.
On very same day (POST LUNCH) advocate of respondent, moved application for recalling of order before Ld ARC, without disclosing any reason, rather blaming the court mentioning that court was pleased to strike off his defence.
Petitioner filed reply & took plea that since no ground is mentioned in application of respondent & merely to delay the case, he took this step. No merits were there in his recall application. Ld ARC was also referred a case law of Delhi HC judgement (Nand Lal Vs. Vijay Kr. Gupta, Feb'09), which clearly said that ARC not being a civil court, can not review / recall its own order. Hence same was challenged both on question of merits & on question of law.
But ARC after 4 months, pronounced order in favor of respondent tenant, on the ground that same was done in heat of passion & client should not suffer for actions of his advocate. He also relied on an irrelevant judgement (Prithipal Singh Vs. Satpal Singh, SC, 18.12.09), & mentioned in order that ARC can review / recall his own order.
Hence respondent's defence was restored & he as also allowed to further cross examine the petitioner.
What is the recourse to petitioner landlord in this case under DRC Act, CPC, Constitution?
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Judgement reserved since 4 months
Hi
In a rent matter of my client - the judgement was reserved for more than 4 months ago in hon'ble Delhi HC after final arguments were complete (by a single judge bench who has subsequently been transferred to another bench after hearing final arguments).
Now in case my client mentions the matter before the judge or his court, chances are - he might get annoyed, & adverse judgement is passed, else we keep on waiting?
Now kindly advise on below queries:
1. What's the way out & what should my client do next?
2. Are there any guidelines as to till what time the judgement can be reserved?
3. What if (extreme case), judgement goes against my client - can he go in for a revision or appeal to a larger bench of HC only (before moving to Supreme Court) citing this fact that there was inordinate delay in pronouncement of judgement & same was kept reserved for over 4 months?
4. Or in such case there is no option but to appeal in SC?
Kindly advise
Regards