rent act, interpleader and eviction
Querist :
Anonymous
(Querist) 18 August 2010
This query is : Resolved
This is in relation to Haryana.
my tenant has agreement excuted in his and my name. In the agreement it is clearly written that he is now a tenant and i am the land lord. Now as allegged by the tenant my other brothers are asking for rent from him after more than 20 years of tenancy with me. I have been getting rent directly as well as for last 10 years thru court. I filed a suit for his eviction on ground that he has a bigger and better shop purchased by him after 5 years of tenancy in the same market. in this eviction suit he filed a application under CPC 1 10 for impleading other co owners. Which was dismissed. After one year of dissmissal (when the order of 1 10 had become final) he filed an interpleader suit. I want to know is this interpleader suit is legally maintainable. I have filed a application for rejection of suit for no course of action under order 7 rule 11.
My question is is this conduct of tenant not itself a ground of eviction ??? Is this interpleader suit legally maintainable ? also i need accurate interpretation fo order 35 relating to tenant filing an interpleader suit.
s.subramanian
(Expert) 18 August 2010
Yes. His action amounts to wilful denial of your title to the property which amounts to a ground for eviction. He is estopped from raising such a plea under Sec.115 of Evidence Act. His interpleader suit is also liable to be dismissed on this ground.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 August 2010
