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Bhartiya No. 1   14 October 2009 at 23:23

Conflict between area and boundary

Respected sirs,
When there is a conflict between area of the land boundary shall prevail. Can I get some example. What exactly is this and in which condition it applies? Thanks to All Lawyers.

Kumar Krishan Agarwal Advocate   14 October 2009 at 22:34

Minimum Time or Date for Adjournment

I have contesting a civil suit outside the district but the court of Civil Judge [S.D] has giving the date of 10-15 days only while I am opposing to that each and every time. What is the way to get the time of minimum 30 days for adjournment ? How much time the CPC have provide to us for the adjournment ?

rajiv   14 October 2009 at 22:27

DRC ACT

DEAR FRIEND
HELLO ! (1) CAN A LANDLORD CLAIM DAMAGES / PENALTY PER DAY IN THE LEGAL NOTICE TO TENANT U/SEC. 14 (1) (e) UNDER DRC ACT. THE RENT IS Rs.2750 PM. (2) IS THE SEPARATE ACCOMODATION FOR GROWN UP / MARRIAGEABLE CHILD IS A BONAFIDE NEED GROUND FOR EVICTION OF TENANT.

THANKS

RAJIV

kamaljeet   14 October 2009 at 21:55

int payable

in the case of specicific performance suit in property sale. how much int is generally paid.

adersh   14 October 2009 at 16:40

Corrupetion in State Public Service Commission

Dear Sir,
The State PSC, invites application for a post with a notified qualification (NCVT Certificate). since we are qualified, we applied and attend the test. but the 90% of the candidates attended in the test, didnot have the notified qualification at all. But they have the extremly high qualification, such as Mtech, Mtech etc. PSC without considering the notification, prepare the ranked list. It is because of the diference of intelectula or knowledge level among these 2 groups, the entire qualified as per notification excempted from the ranked list.
so we find the scope to move legally. for that purpose we approach the PSC under Right to Information Act fopr Qualification of candidtes in ranked list. But PSC answers "no qualification detaisl available with them". Since the entire recruitment process is according to qualification etc, it is an irresponsible answer from the side of a Govt Institution. In these circumstances, how can we proceed legally. cab u please guide us with your advice and necessary instructon

thanking you
yours faithfully

for NCVT certificate Holders.

KVR VENKATESAN   14 October 2009 at 16:13

DELIVERY OF ORIGINAL DOCUMENTS

A Sale agreement is enetered and the buyer has paid a token advance. To pay the balance amount he wants to avail bank finance. For this, he is asking us to provide the original documents to be submitted to Bank. My question is, without getting full payment and registering the documents in favour of the buyer, whether we can give the original documents? Whether the buyer can deceive us by taking the Originals

Bhartiya No. 1   14 October 2009 at 15:47

Demarcation of the land by civil court

Respected sir,

I have purchased residential land in a plot in 1966 through valid registered sale deed under municipal area. I got it mutated at revenue authority in my name. Till 1969 i got rent reciept. I do not have latest rent reciept from revenue authority, even they are not issuing rent/revenue reciept by saying that, page in which your name was there has been destroyed. But I have latest municipal house tax. I want to get my northern boudary/line (which is adjacent/boder to other plot) of my land fixed, I have applied three times for the demarcation of my land at revenue authority since past four years. But they are making unnecessary delay in their process. Now I got tired with their attitude. Complaining at higher authorities too went in vain. So, I want to get demarcation of the land done through any civil court. Can It be done? If yesm what is the procedure? Thanks

sourabh   14 October 2009 at 15:42

how to refund stamp money , purchased on 23-11-2006

Sir
I want to return the stamp paper and getting its cost, purchased date is 23-11-2006.

Bhartiya No. 1   14 October 2009 at 15:41

Actual area of land based on the facts written in sale deed

My father had purchased a piece of land in a plot of size 0.98 acre in 1970 under municipal area thro’ a valid registered sale deed. It was ancestral property of the vendor got thro’ partition. Vendor had transferred most of the land to other parties namely 0.16 acre to A in 1962, 0.19 acre to B in 1968 and some land i.e. .32acre has been acquired by the govt. in 1956. I had to purchase remaining land left which is adjacent/share boundary with my other land. But at the time of registry of the sale deed there were confusion over area of the land left in the said plot since we do not had data regarding areas transferred to other parties by the vendor at that time, also vendor was illiterate. My father was in govt. job working outside the place and was not present at the time registry. He got this job done by my Uncle who is dead now. So it is written that total area of the land is 0.21acre under shown/written boundary (which is correct and for the whole land). Also in the recital portion of the deed it is mentioned clearly that only this much land of mine(Vendor) is left in this plot and if the land measures more than the 0.21acre in this plot, the vendee and their heirs will have the right, title, and possession, i.e. apart from the area 0.21 acre rest of the land which is excess in this plot is also been sold to the vendee with the same deed, now I have nothing left in this plot all the land has been sold to the vendee. Me and anyone of my heirs has no claim in this plot. This land is free from any encumbrances and even if vendee and their successor will be ejected from any part of the land then I and my heirs will be liable to pay the compensation. Recently we came to know that actual area of the land is 0.32 acre also boundary mentioned in the deed is correct and is for the whole remaining land we wanted to purchase. We were unaware of this fact till now. Also in the money receipt with Re 1/ revenue stamp, it is written that I (Vendor) have sold the remaining land in this plot which measures 0.21 acre to the vendee with a total sum of Rs. 3000/. Vendor had handed over the possession to us over the entire land remained. Vendor has died long ago. Now the only one son of the vendor who was minor at that time of registry, somehow managed to know this fact (since for mutation purpose we discussed facts written in the sale deed with the employee of revenue authority who disclosed it with him) and trying to grab the excess land with the help of revenue authority where he has applied for the measurement of the of the whole plot. We have not got it mutated till now also the land is currently lying vacant and in north side there is no boundary. Now can he claim after 39 yrs? What should I do? Will adverse law of possession applies on the basis of registered sale deed executed in 1970? Since vendor has mentioned/written in the deed that he is removing his possession and handing it over to vendee and sale deed came into effect from today itself?

Karthik   14 October 2009 at 15:27

code of civil procedure 1908

Hi

Can anybody let me know the exact difference between decree and an order.

Thanks in advance