Right to pursue matter in the small causes court
Deepa Punjani
(Querist) 01 October 2013
This query is : Resolved
Hello. There's another point concerning my matter in the Small Causes Court that I have been reflecting on. The Plaintiff has made his case against two defendants: Defendant no 1 is 'All the legal heirs and representatives of the deceased tenant...' and defendant no 2 is my husband, whom the plaintiff does not recognise as a tenant under the Maharashtra Rent Control Act but has called my husband an unlawful occupant.
He has not served summons to Defendant No 1 and no names, addresses or age has been provided for Defendant No 1. My point is then how can he be entitled to fight in this matter in the Small Causes Court and press grounds against us which come under the Rent Act? On the one hand, he calls my husband an unlawful occupant, and on the other he is making all grounds against us which fall under eviction of tenant under the Rent Act.
Can we not suitably dismiss the case and file our own case against him in the Small Causes Court to prove that we are indeed the tenants under the Maharashtra Rent Control Act?
R.K Nanda
(Expert) 03 October 2013
consult local lawyer .
