Legal Question in Landlord & Tenant Law in India

Rent dispute case

My lanlord(plaintiff) has filed a case under section 106 of transfer of property act to evict me from his house due to non-payment of rent for last two years fro year 2002 at the rate of rs.4000 per month.On the other hand,the case is filed under chandigarh rent notification,year 2002 and has been stayed by the hon'ble supreme court.I had filed written reply on the plea that the rent is rs.1000 p.M.On the basis of only single receipt given by the plaintiff in year 2003.And prayed for its dismissal because it comes under east punjab rent restriction act,1949..The plaintiff has not attached any agreemeent or proof of unpaid rent for the last two years,including the rate of rent as rs.4000 p.M.My counsel has also misconducted by supporting the plaintiff in the lust of money.Now,only i am alone fighting the case.But the recent development is that the plaintiff-lanlord exppired this week at the age of 80 years.Now,please suggest me what to do now.How to pay rs.1000 as rent and whom to pay.Also what will the result of the plaintiff's death in the court case.His counsel is very clever and harrasing me.Other legal heirs are n.R.I's.Thanks and regards.


Asked on 10/11/05, 9:04 am

2 Answers from Attorneys
JURIS LEGAM JURIS LEGAM

Re: Rent dispute case

hello,

1. Since the plaitiff has expired you have to inform this fact to the court where the case is pending in the trial court.

And in case the LR's(legal representatives)of the plaitiff don not get themselves impleaded as a plaintiff wthin 90 days of his death,the suit is automaticaly abates itself.

2. In Supreme Court you have also too move an apllication under Order 22 Rule C.P.C.(Code of Civil Procedure)for impleading his legal representatives on record,so that your appeal/S.L.P. is continued.

3. You have to deposit the arrears of rent in the court so that there sould not be a default from your part.

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Answered on 10/25/05, 10:13 am
Ankur Mittal MITAL & MITAL Advocates

Re: Rent dispute case

presuming that ur qn is only limited to payment of rent as of now,

u can move an application before the rent controller for deposit of rent raising a ground that the lanlord has expired and the LRs are not coming forward to accept rent.

The very filing of ur application will prove your bona fide as willing to deposit rent, the fate of the application being immaterial.

for any further query, contact

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Answered on 10/13/05, 1:28 am


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