Sir an eviction suit is pending before the honble court of 2nd additional munsif srinagar last from
kayskhan
(Querist) 17 June 2014
This query is : Resolved
01:- Sir an eviction suit is pending Before the Honble Court of 2nd Additional Munsif Srinagar last from 17 years waiting for justice
That plaintiff is owner and possession of the house by virtual of sale deed executed by Chandra Kanta a lady through my father as attorney holder and said attorney is executed dated on
16-04-1996 at Jammu and one namely Chandra Kanta/Poli and her sons Rakesh Kumar Sharma (Billoo) and Rajesh Kumar (Papu) the son’s of Chandra Kanta wife of Late Dawarka Nath have 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 Mohd Amin Gojwari S/o Mohd Sultan Gojwari Allis Darzi
02:- That on dated 6-06-1996 defendant/Mohd Amin Gojwari 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 and of being the son witness to said rent deed was signed by the Bazaar Committee members
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.
03:-That till date defendant/Mohd Amin Gojwari failed to pay the rent towards plaintiff/landlady Mst. Wazira Khan from the date of execution of the rent deed dated 06-06-1996
04:- That I being son of landlady/plaintiff that my brother and myself regularly approached to defendant/Mohd Amin Gojwari for demanding the rent from defendant/Mohd amin Gojwari and he did not pay any rent till date towards the landlady.
05:-That defendant/Mohd Amin Gojwari instead of paying rent towards plaintiff/landlady and he filed fake suit of declaration and mandatory injunction against plaintiff/Landlady and my father also without any cause and justification.
06:- That the plaintiff/landlady/my Mother is a totally physically handicapped from 22-03-1990 Right Leg Amputation 80 % physically handicapped lady and heart patient women recently operated.
due to radial week chronic chest cough patient should not be stable more than 10 mints she cannot bear any kind of Noise, tension depression & pressure raise and defendant/Mohd Amin Crossed every limit and harassing the plaintiffs/landlady and our self without any rhyme and reason and the defendant/Mohd Amin filed fake suit of declaration and mandatory injunction against plaintiff/Landlady.
07;-That I know the Chandra Kanta last from my child hood and she was the actual owner of the said property/shop the defendant /Mohd Amin filed fake suit of declaration and mandatory injunction against plaintiff/Landlady without any cause and justification.
08:-That defendant /Mohd Amin Gojwari unnecessary harassing the plaintiff/landlady and wants to grab the whole property of the plaintiff/landlady and grab the shelter of ours and the defendant blamed on my father he is an X-army men It may be pertinent to mention over here that my father was working in Jammu and Kashmir Bank since from my birth and retired on dated 01-04-2013 from J&K Bank and after the retirement of father we have no source of income accept said shop and we wants to said shop for personal use.
09:-That the defendant /Mohd Amin harassing our family without any rhyme and reason and denial the title and he has no rights being the tenant and liable to evicted from rental premises for not paying rent and for denial of the title unnecessary without any cause and justification
That I request your good self That the last hearing hon’ble Court directed to tenant for Jumlah Gawah/official witness related in this matter but he failed submitted only his evidence along with three on affidavit and the court of law continued warned to tenant for Jumllah Gawah/official witnesses but he failed again and again to call his witness to the front of court and applying tact’s of delaying and submitted an application does not have control over his witness but the court not accepted application That I clear to hon’ble Court the witness are fake and one more tact the he is not in the position to bring the witness of his own before the hon’ble court and already deposited the diet expenses before the court I need to request to the front of law the tenant is not in poor condition he is very claver he is a good Gents tailor Master at Maharaja bazaar and earns more than Rs. 3000 Thousand per day behind gents suit stitch and cleverly write I am depositing the diet expenses to the front of law and mentioned in application he has not any control over the said witnesses this the whole cleverness of tenant I clear to hon’ble court the whole witnesses are fake That the concerned court of law already has published notices in daily newspapers, seeking appearance of the parties in the case, but they have failed to appear before the court of law because they are not parties.
15:-That tenant unnecessary harassing the landlady and wants to grab the whole property of the landlady and wants to grab the shop of innocent family
16:-That now I prayed this honble court tenant has no rights being the tenant and is liable to be evicted from the rental premises for not paying rent and for denial of the title unnecessary without any cause and justification.
That in the matter of application seeking indulgence of court for issuance of appropriate orders restraining the defendant from allowing Change/Modifying the structure of the suit shop that the past time the non applicant is bent upon changing the basic structure of the suit shop under the grab of minor repairs. That this may be noted by the honb’le court that the residential place of the non applicant is just above the suit shop supported by old wooden pillars and any attempt to temper with them or the ceiling will result in the collapse of the entire premises. That we repeadly trying to convey this logical aspect of the situation but the non applicant with motive of ill will and malice toward the plaintiff/applicant has wicked intension and one tact he applied he called the witness through saman but they are not in the list which was submitted by him my request is can the court will permission to him for repair the said disputed shop or not can court accept the witness or not and the present Judge passed an order the parties are same one suit is injuction and other one is eviction since the subject matter involved in the both suit the suit is same and parties are same the suit for disposal let the both files be clubbed and directed to office In the premises it is therefore prayed that your noble self be please guide me into the matter and see that justice my question is only can court will permission him for repair the shop during case/dispute please guide us we are very worry.Please guide us that will be yours most kindness
Devajyoti Barman
(Expert) 17 June 2014
meet a local lawyer and state these facts.
We do not attend such long query.
kayskhan
(Querist) 17 June 2014
if the court case pending before the law last from 18 years and the matter disputed between tenant and landlady during dispute can tenant repair the said shop or any kind of minor repairing like cement or changing the structure of disputed shop can court permission him for repair if not please what is the law for stopping this kind of matter.
Raj Kumar Makkad
(Expert) 17 June 2014
Structural changes cannot be permitted by court, however, essential repair can definitely be made.
kayskhan
(Querist) 17 June 2014
Respected sir my question is if the court case is pending before the court of law since from 18 years can tenant change the structure or any kind of minor repairing of said disputed shop I respect your words Sir Your king self said to me Structural changes cannot be permitted by court, however, essential repair can definitely be made.again my question is That the tenant totally failed to pay the rent towards plaintiff/landlady from the date of execution of the rent deed dated 06-06-1996 myself regularly approached to tenant for demanding the rent but he did not pay any rent till date towards the landlady. he filed fake suit of declaration and mandatory injunction against plaintiff/Landlady and my father also without any cause and justification That tenant unnecessary harassing the landlady and wants to grab the whole property of the landlady and wants to grab the shop of innocent family That in the matter of application seeking indulgence of court for issuance of appropriate orders restraining the defendant from allowing Change/Modifying the structure of the suit shop that the past time the non applicant is bent upon changing the basic structure of the suit shop under the grab of minor repairs. That this may be noted by the honb’le court that the residential place of the non applicant is just above the suit shop supported by old wooden pillars and any attempt to temper with them or the ceiling will result in the collapse of the entire premises. please guide if there is any law for stopping the this kind of repairing minor or any thing please guide that will be your's most kindness.
R.K Nanda
(Expert) 17 June 2014
consult local lawyer.
Raj Kumar Makkad
(Expert) 17 June 2014
Even under the provisions of Rent Agreement, a tenant is not permitted to effect the structural changes in the tenated property so make this also a ground by amendment of your already pending petition/appeal.
Your case shall be decided on merits but interim order qua the minor repair can definitely be passed by Court pending case.
Rajendra K Goyal
(Expert) 17 June 2014
Consult a local lawyer and show him full case file.
