Legal Question in Civil Litigation in

This case relates to haryana.
I am landlord.
AS per a written agreement the tenant accepts me as a landlord.
THis agreement was executed in 1989 and is accepted by the tenant in the court.
I have filed an eviction case before the rent controller.
The tenant has given to me without dispute rent for many years in court in seperate case for recovery of rent.
The tenant filed an application U/s 1 10 to implead other co owners of the property. This application was turned down by the honourable court.
Now my tenant has filed an interpleader suit vouching some notice and letters by other co owners who are now demanding rent and as per his version are not willing to evict the tenant.
I want to to know as the property is in anme of my father and my mother joint name.
The other coowner have put on record two wills alleged to be writted by my father and mother has a date of 1967 and no probate or succession certifcate has been taken on the said wills. The will has two of the co owners as witness who are the beneficiaries as well.
Kindly throw me light how to about in this legal tussle. If the eviction is allowed what will be effect on the interpleader suit filed by the tenant.
my tenant has agreement excuted in his and my name. In the agreement it is clearly written that he is now a tenant and i am the land lord. Now as allegged by the tenant my other brothers are asking for rent from him after more than 20 years of tenancy with me. I have been getting rent directly as well as for last 10 years thru court. I filed a suit for his eviction on ground that he has a bigger and better shop purchased by him after 5 years of tenancy in the same market. in this eviction suit he filed a application under CPC 1 10 for impleading other co owners. Which was dismissed. After one year of dissmissal (when the order of 1 10 had become final) he filed an interpleader suit. I want to know is this interpleader suit is legally maintainable. I have filed a application for rejection of suit for no course of action under order 7 rule 11.
My question is is this conduct of tenant not itself a ground of eviction ??? Is this interpleader suit legally maintainable ? also i need accurate interpretation fo order 35 relating to tenant filing an interpleader suit.

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Asked on 8/27/10, 5:39 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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unless i go through all the papers i.e. court file, i would not be in a position to address your query. however, the ground mentioned by you is no ground for eviction of tenant. however, my opinion is not conclusive in the absence of documents.

Answered on 8/27/10, 11:19 am

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Vishwa Arya Arya & Co.

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you may not be the full owner but you still may be the landlord. It is the landlord who has the right to get the property evicted even if other coowners have not joined

Answered on 8/29/10, 2:22 am

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