Legal Question in Landlord & Tenant Law in India

Sc/apex court ruling on abatement of cases

My rent dispute case is pending in the district courts,chandigarh.The plaintiff/landlord expired on 29-09-2005.The lr of the deceased was impleaded on 04-04-2006,that is, not within a stipulated period of 90 days.I had filed application fot the abatement of case.Please give me sc/apex court ruling,prevalent for chandigarh court for the abatement of the said case if the lr is not impleaded within a stipulated period of 90 days.Secondly,the lr,landlady is old and she brought three goondas to threaten me to vacate the premises in the presence of her counsel.I am disturbed as the case filed is already frivolous and vexatious.The said case is under section 106 of transfer of property act claiming rent as rs.4000/- p.M.,without any lease or written document.I had contested the case with the help of solitary receipt of rs.1000/- p.M.Issued to me by the previous deceased landlord.


Asked on 5/05/06, 9:27 am

1 Answer from Attorneys
RAJIV NANDA RAJIV NANDA ADVOCATES

Re: Sc/apex court ruling on abatement of cases

As far as bringing the legal representative on record is concerned, you are correct in saying that the same have not been brought on record with in time but if along with the application for bringing the LR's on record, if any application is moved for condonation of delay in bringing the LR's on record than in that case the Court has the discretion to condone the delay in bringing the LR's on record. If on such application the delay is condoned there is no question of abatment of the suit.

So afr as the case on merit is concerned, if you have the receipt of Rs1000 in your name issued by the deceased landlord, in that case the case of LR of the Landlord, on the basis of Rs 4,ooo, pm will not be sustained. You have to bring all the facts on record regarding the details of the rent only than you wil be able to get releif from the Court.

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Answered on 5/06/06, 12:49 am


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