Legal Question in Landlord & Tenant Law in India
Persue of rent case by lr of deceased
The plaintiff died during the pendency of a suit.The lr was impleaded after one year.Can i appeal this in higher court.Secondly,there is no evidence yet even started in the case.The new lr is insisting on rent due for the last years,whereas the plaintiff died with all arrears.He has filed fraud and false case,without any rent agreement,showing the rate of rent and period of rent claimed.Either the new lr has to prove this case filed or for claim of rent has to file fresh suit.Please reply soon. I may mention that all costs/repairs were borne by me as a tenant after the death of the original plaintiff/landlord.Also,i sent three money orders to the lr,but refused by her.
1 Answer from Attorneys
Re: Persue of rent case by lr of deceased
dear sir,
persuant to your question,since the matter is already pending hence complete file is to be seen.nevertheless,the period of impleading the lhrs is 90 days.you are not required to file any fresh case but to have to prove your case.the impleaded lhrs are now put in the shoes of original tenant but they have right to file their reply in this case aftetr being impleaded in the case.in case of any other assistance you may contact me on 9873343288.
thanks.
siddharth srivastava
9873343288
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