Limitation act and records to be maintained ...
tdeli
(Querist) 15 April 2012
This query is : Resolved
Hello,
Under Indian Limitation Act one can make a demand to you regarding Rent or a Debt for 3 years.
A tenant kept all the records regarding Rent paid by cheques for which receipts were not issued to him for 3 preceding years and gave details of the payments regarding to the court .He had paid Advance Rent much more then the rent he had to pay in those preceding 3 years and all the payments were through cheques. When asked by the Defendant during cross about details prior to last 3 years he said he does not have them as dint need to keep details before 3 years as they were out of the preview of the Indian Limitation Act and no notice of default was ever issued to him.
The defendant confirmed to the receipt of extra amount received but said that the Extra Amount paid to him has been adjusted for previous defaults but he has never issued notice for the defaults ever.
Whose version will the court believe to.
Thanks...
prabhakar singh
(Expert) 15 April 2012
In my opinion tenant seems to have proved the payment.
tdeli
(Querist) 15 April 2012
How was that Prabhakar sir ... please elaborate ... thanks ...
Shonee Kapoor
(Expert) 15 April 2012
The version of the tenant would hold good. As the case has to be proved by the owner.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
tdeli
(Querist) 15 April 2012
So its clear that records prior to 3 years may not be kept as no notice was issued ...
prabhakar singh
(Expert) 16 April 2012
Records may or may not be kept past three years as no law mandates them to be kept for
any period.Since three year is the limitation provided by law any man of common prudence can plead this reason to the court which court must believe.
tdeli
(Querist) 16 April 2012
So we can say that accounts before 3 years were settled as no notice of dues was served and what ever excess was paid was for Advance Rent ...
