deposit of rent

Dear Mr. Bhatia,

As per me, in this case, LR's of the Deceased Tenants exactly becomes 'Defaulters' in Payments of the Monthly Rents.  Even though, they were not brought on 'Record of the Suit' by the  'landlord/Plaintiff'.

They (LR's) are in 'possession' of the 'Leased Premises' being the heirs of the 'Deceased Tenant', very well in their knowledge that, the Premises possessed by them is the 'Leased Premises' on 'Monthly Rent'.   Further, I think, it is very well in the knowledge of the LR's about the 'pendency' of the suit.

Because, the 'Original Tenant/Defendant' died in the Month of May, 2008, i.e Seven (7) Motnhs back.

So, as per me, it is the fualt from both side. 

Why not LR's themselves filed petition to come on record of the Suit? 

I think in this case you can get Ruling on both the side.  But, you didn't mentioned " WHO ARE YOU-?"

Dear Aejaz ,

   I am from the side of deceased tenant/defendant .I had given the information in writing in the suit about the death of defendant in month of july & the plaintiff did not filed substitution application in time and even not prayed for condonation of delay The suit is about to abate .My problem is how to deposit rent (Pendentlite) or arrears of rent even though the rent was deposited by the deceased in Jan 2008 as  12 months rent in advance upto Dec.2008.in this situation the Lrs in defaulter or not

Sir,

Now, it is as per my understanding you are seekig Two (2) answers:

(1) Whether LR's of Deceased Tenant are in default, for not bringing them on Record of the Suit, as necessary party.  Even though the Rents upto Dec-2008 was depaosited by the Deceasd Tenant in advance.

(2) The suit is about to abate, and you want to know, how to deposit future rents or arrears of rent.

Reply with concerned to first one; when Deceased Tenant, himself during his life time, in the Month of Jan, 2008 deposited the Rents for the period of the Twelve (12) Months i.e up-to December,2008; then how your clients LR's of Deceased Tenants are on default in payment of Rents.   

(Sir where is the question of arrears, when the deceased Tenant himself deposited the rents upto Dec-2008 in advance.  This is the month Jan, 2009, so after completition of this month in Feb, 2009 you can deposit the rents in the court. )

Reply with concerned to Second one; Then, why don't you yourself file a petition on behalf of the LR's of the Deceased Tenant to bring them on Records or implead them as a necessary party, along with a separate Petition to permit them to deposit further and future rents in the court.   

Because, Tenancy do not Terminate Even though the Original Tenant Expired.

So, as per me you have to file yourself Two separate petitions:

(1) To bring/implead the the LR's of Deceased Tenant on Record of the Suit. 

&

(2) Another Petition for seeking permission to deposit of future Rents in the Hon'ble Court by the LR's of the Deceased Tenant.

I think the LRs of the defendant need not apply for joining themselves in the proceeding. Let the suit abate and let the landlord issue a fresh notice/fresh suit. The LRs can tender the rent to the landlord either my money order or cheque or draft etc. regularly every month.

Yes, our Learned Brother Mr. Planitkar is also right,  your client's (LR's of the Deceased Tenant) can send Monthly Rents either through Money Order OR by Cheque, through Regd Post With Ack Due, right from this Month itself; without waiting a notice from the court of law or to file any petition.