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Article Published in the Express Magazine Dated
November 24, 2002
General Attorney : Rajiv K. Luthra
In 1963 about 46 of us friends invested in
commercial floor space in a building under
construction, which was thereafter leased out to
the Maharashtra Government by the contractor
himself. Due to the extremely low rent being paid
to us, and due to the high cost of litigation,
only six unit owners filed eviction cases. Four
have received favourable judgments but the
Government has preferred to appeal. Can we
remaining unit owners join up & file a joint case
by attaching it to the four co-owners against whom
the Government may approach the High Court?
P Singh
From your query it is not clear whether you are a
co-owner of the commercial property or are holding
a specified unit independently in your name.
If several persons own the property forming the
subject matter of eviction proceedings, every
co-owner is deemed to own every part and every bit
of the joint-property along with the others, and
it cannot be said that he is only a part owner or
fractional owner of the property, so long as the
property has not been partitioned. Therefore, if
you are co-owner of the commercial property, then
any one of you co-owners can file a suit and
recover the property against strangers, and
provided that the other co-owners have not
objected to the initiation of the court
proceedings, the decree would enure to all
co-owners. Your joining in as parties to the
proceedings would really not make a difference to
the proceedings.
However, if you own a specific and independent
unit in the commercial property, then the order
given by the trial court in favour of the four
unit owners is not with regard to your specific
unit. As a result, your rights are not affected by
the order in any way. In that case, it will not be
possible for you to join up with the others at the
appellate stage. In case you have not filed any
case, the remedy available to you would be to file
a separate case in the trial court seeking
eviction of the Government, and to rely upon the
order already passed by the lower court, if the
issues involved are similar. As regards the appeal
filed at the High Court, if the same is decided in
favour of the co-owners while your case is
pending, you could use it before the lower court.
However, if your case is decided in your favour
while the appeal is still pending, and if the
Government goes in appeal against you, you could
consider getting it tagged along with the earlier
appeal.
The municipal authorities have recorded my date
of birth incorrectly on their records. This is,
however, correctly recorded in all my education
certificates. The municipal officer is reluctant
to change the date of birth and is not ready to
give the correct date certificate. Please advise.
Om Prakash
In terms of the Registration of Births and Deaths
Act, 1969, if the Registrar is satisfied that an
entry of a birth or death in any register kept by
him under the Act is erroneous in form or
substance, or has been fraudulently or improperly
made, the Registrar may correct the error or
cancel the entry by suitable entry in the margin,
without any alteration of the original entry, and
shall sign the marginal entry and add thereto the
date of the correction or cancellation. However,
the conditions and circumstances under which such
entries may be corrected or cancelled are subject
to the rules that may be made by the State
Government.
The authorities are duty bound in law to make
necessary inquiries to grant change of entry in
the register of births and deaths.
In case the Registrar does not make the necessary
changes in the register, you may approach the
court. However, please note that the onus to
produce the evidence in support of such claim,
which may amount to irrefutable proof relating to
the date of birth, shall lie upon you and you will
need to prove the wrong recording of the date of
birth.
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