Priyesh Desai (Director) 28 February 2011

bombay Rent Act

Is Law of Limitation applicable to Bombay Rent Act for eviction of tenant ? IF yes, What is the limitation period ?

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6 Replies

Sanjeev Kuchhal (Publishers) 28 February 2011

what are the grounds of eviction?

Priyesh Desai (Director) 28 February 2011

1. Rent Arrears (denied)

2. Unauthorized Construction(denied)

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 28 February 2011

There is no limitation for these things stated.

Sanjeev Kuchhal (Publishers) 01 March 2011

Regarding arrears of rent, once tenant fails to discharge his obligation upon receipt of demand notice within the specified time, it is open to the landlord to institute suit for possession within a period of 12 years in terms of Article 67 of Limitation Act. However law of limitation bars the remedy of the claimant to recover the rent for the period beyond three years prior to the institution of the suit.

Regarding unauthrised construction, limitation has to be counted from the date of knowledge and the question as to when the landlord acquired any knowledge about this construction is a question of fact.