Court case is pending before the court of law since from 18 years
kayskhan
(Querist) 18 June 2014
This query is : Resolved
Respected Sir My Mother purchased a residential house through my father as attorney holder and said attorney is executed dated on16-04-1996 at Jammu and one namely Chandra Kanta her son signed the attorney as witness before the sub registrar Jammu and authorized my father to execute the Sale deed dated7-11-1996 and same sale deed is registered by Sub Registrar Srinagar dated on7-11-1996 have by way of said sale deed plaintiff my mother became the absolute owner of the property which comprised of two storied house and a shop in its ground floor which had been in the rental possession of defendant/ Tenant That on dated 6-06-1996 defendant executed rent deed with regards to the rental shop with plaintiff/landlady and rent fixed There at Rs.100 P.M it was also agreed the rent will be enhanced at the rate of 15% per annum regularly Shopkeer and plaintiff/landlady and the rent was signed by the plaintiff with his consent without any force hence the rent deed is valied in the eye of law. That till date defendant failed to pay the rent towards plaintiff/landlady from the date of execution of the rent deed dated 06-06-1996 filed fake suit of declaration and mandatory injunction against plaintiff/Landlady and my father also without any cause and justification. and the court case is pending before the court of law since from18 years my question is he want to grab our shelter/shop and cleverly filed an application for repair and changing the structure of said disputed shop can court permit him for this kind of repair please guide us what is the law i need to ask my counsel
ajay sethi
(Expert) 18 June 2014
you should oppose the application . insist on rent arrears be paid first before any permission is granted
Rajendra K Goyal
(Expert) 18 June 2014
Oppose the step strongly, consult your lawyer.