Can i give a reminder about the rent payable with interest numarically till now under the law?
ajaya kumar tata
(Querist) 30 January 2012
This query is : Resolved
I filed a petition regarding my share in undivided property situated in commercial area of high business values. I my petition it self I claimed for rent and interest for late payment for usage of the undivided share which belongs to me. I filed this petition about 2 years back.
My query is whether can I send a reminder regarding the rent and interest payable till date under the law or not? If yes please mention the Sections and Sub-Sections under which I can claim for the due amounts.
Please help me in this regards.
Thanks in advance.
ajay sethi
(Expert) 30 January 2012
you case is pending in court . in your petition you must have claimed share in undivided property , rent , interest till hearing and final disposal of suit .
no need to send any reminders .
adv. rajeev ( rajoo )
(Expert) 30 January 2012
Your case is pending and your have also claimed rent in the case, so it is not necessary to send the reminder.
Raj Kumar Makkad
(Expert) 31 January 2012
Remedy is available in the pending case only. If remedy has not been included in the relief then it should be got inserted by way of amendment.
V R SHROFF
(Expert) 31 January 2012
You need not , as Pending Litigation, and Court will decide it.
prabhakar singh
(Expert) 31 January 2012
Now what ever you want to ask for add all that in the relief clause of the suit keeping a track of order 2 rule 2 cpc.
Jai Karan Nagwan
(Expert) 02 February 2012
you should file only partition suit, if want your share in the property, nothig else.
since you are telling you have already filed some suit related to undivided property, file amendment application under or 1 r 10.
However you have not cleared you filed this suit agiast the co-sharer or against any tenant. Facts are not clear in the query.
ajaya kumar tata
(Querist) 03 February 2012
Sir can you please explain me what is meant by
"file amendment application under or 1 r 10"
M V Gupta
(Expert) 10 February 2012
Or1 R10 of the Civil Procedure Code deals with the powers of the court to allow parties to add or delete parties mentioned in the plaint,if the court is satisfied that there was a bonafide mistake while filing the suit.
R.M.Bhaduri
(Expert) 15 February 2012
Mr.Ajaya, you have filed your petition probably in a pending suit, and two years have lapse but no order has been passed, then in this situation you have to press your pending petition and in alternative seek for appointment of Receiver who shall collect the rent and distribute amongst the co-sharers.
ajaya kumar tata
(Querist) 15 February 2012
Thank you sir
Please let me know the procedure for
how to apply for appointment of receiver who shall collect the rent and distribute amongst the co-sharers?
Please provide me the section under which can i seek for the above remedy.
Thanks in advance.
