Legal Question in Landlord & Tenant Law in India

Rent dispute case in chandigarh

I AM A TENANT.MY RENT DISPUTE CASE IS PENDING IN DISTRICT COURTS,CHANDIGARH.THE LANDLORD,WHO FILED THE SUIT DIED ON 29-09-2005 ,DURING THE PENDENCY OF THE SUIT.THE LR OF THE DECEASED-LANDLORD MOVED APPLICATION FOR IMPLEADING IN THE CASE ON 04-04-2006.ON COURT RECORD,LR HAS YET TO BE IMPLEADED ON NEXT DATE,28-08-2006.I HAVE TO GIVE REPLY TO THIS APPLICATION.ALSO,THE DECEASED LANDLORD ISSUED ME ONLY ONE RECEIPT OF RS.1000/- AS MONTHLY RENT ON JAN,2003,BUT I TENDERED HIM RENT DURING THE PENDENCY OF SUIT.NOW,I DO NOT WANT TO BECOME DEFAULTER.AFTER THE DEATH OF THE REAL LANDLORD,I HAVE BEEN SUBMITTING COMBINED ELECTICITY AND WATER BILLS.ALSO,I HAD ISSUED NOTICE TO THE LR OF THE DECEASED FOR CONDUCTING REPAIRS IN THE PORTION AND UNDER MY POSSESSION AND IF NOT,I WILL ADJUST THE EXPENSES FROM THE MONTHLY RENT.NOW,PLEASE HELP ME HOW TO TENDER RENT TO LR OF THE DECEASED LANDLORD IN THE COURT ITSELF,BECAUSE SHE HAS REFUSED TO ACCEPT THREE MONEY ORDERS FOR THE MONTHS OF NOV,2005.,DEC.,2005 AND JAN.,2006 i.e. AFTER THE DEATH OF THE REAL LANDLORD. AND FROM WHICH LEGAL DATE .I MAY MENTION THAT THE LANDLORD FILED FRAUD CASE AGAINST ME CLAIMING RENT AT RATE OF RS.4000/-P.M.FROM 01-06-2006 TO MAY,2004.BUT THE RECEIPT ISSUED BY HIM IS ON JAN,2003.


Asked on 8/03/06, 8:53 am

1 Answer from Attorneys
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Rent dispute case in chandigarh

Dear sir,

Your question is not clear apart from that courts have to allow the Impleaading of LRs in a suit where the party to the suit is no more.

You say you have paid the rent but you have no proof except for the Month Of JAn 2003. under the circumstance you can only take the stand that you have adjusted the rent towards repair of your portion. still you will have show the accounts.

You can make an application before the court for depositing the rent.

Regards,

Panduranga Acharya, Advocate

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Answered on 8/04/06, 7:20 am


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