Anonymous
09 November 2009 at 16:30
Respected Sir,
I filed a suit for Specific performance against the defendants and the same was dismissed. Later I preferred an Appeal before the High Court. While pending the said Appeal, both the parties entered into a compromise and accordingly the said appeal was ended in the year 1976. (1st compromise) After a period of 9 years, when the JDRs trying to alienate the said lands, I filed a E.P. for registration of the sale deed through court. While pending the said E.p. again both parties have entered into another compromise and accordingly a memo is filed and recorded on dt.21-02-1985. (2nd compromise). The important clauses in the said compromise decree is: hereunder
Clause No.2: Today the JDRs have handed over the physical possession of the above said lands referred to the DHR/plaintiff.
Clause No.4:- In case of failure or default in executing and register the sale deed as agreed by the JDRs, the DHR is at liberty to get the same executed through court
Basing on the said 2nd compromise decree, I filed a petition along with decree copy, before the Mandal Revenue Officer (shortly as MRO) of the concerned, for regularization u/s 5A of Andhra Pradesh Record of Rights in Land and Pattedar Pass Books Act, 1971. The said Act is read as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
(2) On receipt of such application, the Mandal Revenue Officer shall after making such enquiry as may be prescribed require the alinee or the transferee to deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such manner as may be prescribed.
The MRO after due enquiry issued a certificate u/s13 © of the Act in the year 92. As against the said order, the respondents preferred an appeal before the appellate authority ie., Revenue Divisional Officer (shortly as RDO} claiming that” no notice was served on them before passing the orders and hence it is liable to be dismissed”. After due enquiry, the RDO has dismissed the said appeal in the year 1993 and confirmed the orders of the MRO. As against the said orders, the respondents preferred a Revision before the Joint Collector( shortly as JC) of the concerned and the same was also dismissed by confirming the orders of the MRO and RDO in the year 2000. The JC further stated that the application of the Applicant (myself) was also considered under Rule 27(4) of the A.P. Rights in Land & Pattedar Pass Books Rule, 1989. The said rule is like this
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
In the meantime, after passing the orders of Joint Collector, I filed a petition before the Mandal Revenue Officer requesting to incorporate my name in Revenue Records and the same was also accepted by the MRO and incorporated my name in the Revenue records.
As aggrieved the said orders of the JC, the respondents filed a Writ Petition before the Hon’ble High Court and the same was dismissed in the year 2001 by confirming all the orders passed by the below and stated that no notice was served, as required was not considered at this point of time”. As aggrieved by the orders, the respondents preferred a Writ Appeal before the Division Bench in the year 2001 and the Division Bench allowed by quashing all the orders passed below authorities and judgment of the Single Judge under appeal is set aside on the ground that “ The application of this DHR/plaintiff for up dating or amending the entries in the record of rights based on the decree granted by a competent court of civil jurisdiction, but it is an application filed under Section 5A of the Act seeking regularization of transfer made and effected under an agreement of sale, which ultimately ended in a compromise decree for specific performance of agreement of sale,That compromise de4cree itself remained unexecuted since it did not result in execution of any sale deed.The whole claim of transfer of the lands in question is based on an agrrment of sale which document cannot be considered to be a document of “transfer” or “alienation”. As against the said orders, I preferred a S.L.P. before the hon’ble Supreme Court and the said S.L.P. is till pending.
Now I want to clarify that:-
1. As per the 2nd compromise decree, am I entitled to claim my right to receive the property by way of registration of the sale deed through court, as none of the respondents have challenged the 2nd compromise decree.
2. If so, whether the compromise decree is still have time or barred by limitation. If the compromise decree still alive for execution, shall I go and file a fresh E.P. for registration of the Sale Deed ?
4. When the respondents have failed to register the sale deed in my favour , as per the orders of the lower court passed in 2nd compromise decree, instead of approaching Civil Court for registration through court, I have approached the MRO for regularization on the basis of a court decree. In this whether I have acted according to the subsisting rules or my approach is out of rules?
5. JDRs challenging the procedures. Will DH lost the rights as per the compromise decree? The compromise decree has barred by limitation.
6. So finally what I want to do in this regard?
So please give your opinion in this regard.
sudhakar s. yeradkar
09 November 2009 at 15:34
The standred period for CASE filling U/s.138 of NI Act is like - Notice within 30dyas + 15 days waiting for Pyment remittance + Within 30 days Case to be filled if pymnt rmntce not received = total 75 days period.
If Notice refused by cheque issuer, then 15 days paymnt remittance, can we consider for filling case OR is it necessary to file CASE without counting that 15 days?
Pls.guide.
best rgds,
Sudhakar Yeradkar.
surender garg
09 November 2009 at 15:14
In case of bribe if somebody bury from court case. And deptt may arise the querries. Then how much maximum time deptt will take in govt of Haryana to exepdite/clear the case.
Anonymous
09 November 2009 at 15:00
I filed a suit in the Civil Court for partition of suit against my sister. Subsequently they produce fake and bogus will and claim all the property. In the lower court I have not succeded to bring to the notice the evidence as well as neither I challenged the Will.
Is it possible for me to bring this evidence and challenge the Will in the High Court. What are options open for me to get justice.
I am made to believe that the evidence and opportunities given in the lower court will not be given in the high court. I have to rely on the evidence of lower court.
Please kindly advise what I should do to rectify and correct my evidence. The fault was not committed by me. It was only ignorance of the law.
Pramod Harkisondas Divecha
09 November 2009 at 14:07
Officials of an insurance company had appraoched me for investing about 7.50 lacs in their savings-cum-investment plan.
They advised me to go for a medical test which was done. However,test rpeorts when received were found to be totally inaccurate and false.My Investment proposal was declined on the basis of false medical reports.
Inspite repeated representations and fresh tests conducted by us at our won costs and a certificate from our family doctor detailing the true and healthy condition, the insurance coompany does not mend.
I request learned memebers and friends to inform me of certain court decsions wherein such a situation has been dealt with and such false medical reports have been ordered to be overlooked.
Pramod Harkisondas Divecha
09 November 2009 at 14:06
Officials of an insurance company had appraoched me for investing about 7.50 lacs in their savings-cum-investment plan.
They advised me to go for a medical test which was done. However,test rpeorts when received were found to be totally inaccurate and false.My Investment proposal was declined on the basis of false medical reports.
Inspite repeated representations and fresh tests conducted by us at our won costs and a certificate from our family doctor detailing the true and healthy condition, the insurance coompany does not mend.
I request learned memebers and friends to inform me of certain court decsions wherein such a situation has been dealt with and such false medical reports have been ordered to be overlooked.
Anonymous
09 November 2009 at 13:54
Dear Experts,
After an order has been passed by the Additional Judge, District Court Haryana, to whom shall the party appeal next?
does the appeal lie in the High Court?
it is urgent..
yogesh
09 November 2009 at 13:51
In this website, I can locate the under popular download writ Proceedings Rules-1977 but it is only specific for Andhra Pardesh. Can I access to Rules pertaining to the Delhi High Court??
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annulment of marriage
Dear Sirs,
Can an affidavit filed in family court by the petitioner be ammended?
The family court was supposed to give an order on the affidavit given earlier.But the petitioner's GPA alongwith his advocate wanted to present the ammended affidavit,which was not possible because of the Hon'ble Judge's absence.The next date has been posted on 28 December 2009.My daughter is a respondent in this case.What best can be done in this case? The suggestions in this regard will be highly appreciated.
Thanks
N.Premkumar