With the rise in the price of the property or getting a good price of the property, the unscrupulous sellers are selling their property to the multiple buyers. The common practice prevailing these days is that the seller enters into an agreement to sell with the first buyer and within the period of the execution of the agreement to sell, the seller gets the sale deed executed for the second buyer making the life hell for both the buyers.
Acknowledgement of Debt
Section 18 of the limitation act covers acknowledgement of debt and thus the fresh start of the limitation period. It is a tool which always plaintiff uses to say that his suit is within the limitation period as there is an acknowledgement as per s.18 of limitation act and fresh limitation is started.
But what constitute an Acknowledgement which is under S.18 of the limitation act and starts the limitation period afresh. let us look at this example.
A lend money to B in year 2004, which is also due in 2004 and B acknowledge in writing in Year 2007 that he has money to pay to A, ordinarily the last date to file the suit is in the Year 2007 but due to acknowledgement within the year 2007 that the last date to file suit becomes 2010.
Here are the crucial aspect of acknowledgement
- it should be in writing, oral acknowledgement is inadmissible.
- It is should be made by the debtor only or his special attorney specifically assigned to make such acknowledgement, A manager of a company is only an employee and not entitle to issue acknowledgement
Sh. R.K. Bhatia vs Container Corporation Of India … on 14 August, 2014
- The acknowledgement must be made within the limitation period as prescribed by the act.
- Like acknowledgement in book of accounts of a company as debt and signed by the
company director is a valid acknowledgement.
5. The wording of acknowledgement must be admission of debt, denial of its payment is of no consequence.
6. The trick is to have an undated acknowledgement signed by the debtor to prevent delaytory tactics of debtors.
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Interim Maintenance Reduced Judgments
Here are some judgments in which the Interim Maintenance was reduced-:
Mohd. Zafarullah Khan vs Yasmeen Khan And Ors. on 3 November, 1989
11. Now on facts, the wife is working as a beautician and earning something. So far as the minor daughters are concerned, the petitioner has earned a huge amount staying in foreign countries and it is not difficult for him to pay at least Rs. 500/- per month to each of his daughters according to the status of the minor daughters which they enjoyed prior to the separation of their parents. It is the common ground of the wife that the husband is screening the properties while the husband pleads that he has to maintain his old parents and unmarried brothers and sisters. Having regard to the facts and circumstances of this case and considering the potentialities and status of the parties, I think Rs. 500/-per month each to respondents 2 and 3 would be the reasonable amount towards their maintenance pending disposal of the suit.
12. The order of the lower Court granting Rs. 2.000/- per month to the 1st respondent herein for a period of 3 months i.e., Iddat period as interim maintenance, is set aside as the same has to be determined after a full dressed trial at the time of the final disposal of the suit. The interim maintenance granted to respondents 2 and 3 is reduced to Rs. 500/-per month each.