Validity of a legal notice
SABIR AHMED
(Querist) 17 January 2015
This query is : Resolved
Dear Sir,
I have sent a notice to my tenant to quit and vacate and deliver the flat, of which he is a tenant since 2003. He defaulted ( most likely intentionally ) in payment of rent since more than a year. The notice was posted on 10.11.14 and served to him on about 10 days later and acknowledged by him. The postal acknowledgement card was been received with his signature. It was mentioned in the notice that he should deliver the khas possession of the flat on the last day of December, 2014 and therafter suit for eviction shall be filed against him. Before, the notice was served, he was planning to sublet and often brokers visited his place. After the notice was served, now, I don't see any one of them. Nevertheless, he has not paid any rent till date and buying time. Some local people say, he is depositing rent with the rent controller. As of date, I have still not filed any suit of eviction. My question is that, what is the deadline by which I need to file an eviction suit following the said notice to my tenant. Are such legal notices, time barred for cause of action? If so, what is the tenure?
Regards,
Sabir
P. Venu
(Expert) 18 January 2015
The cause of action is of continuing nature. You can file suit for eviction at any time if sufficient cause is available.
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
You should have filed a suit by now, however it is not late, even now you can file a eviction suit.
