Keeping of records under limitation act.
tdeli
(Querist) 12 April 2012
This query is : Resolved
Hello,
A was making payments of Rent to B by cheques for which no receipts were issued to B till December 2008.
From the Year 2008 to 2011 A made excess payments as Advance Rent to B which were much more then the Rent payable .
During the course of the case proceedings B claimed that -
a)All payments of Rent are cleared till 2011.
b) The excess payments made during 2008 to 2011 were regarding earlier default of Rent payments which were cleared by A during the period 2008 to 2011.
During the cross examination A stated-
1) He has not maintained any records prior to 2008 as the same were not required by the Indian Limitation Act as those related to more then 3 years and
2) No notice was sent by the B regarding any dues prior to 2008 so he does not have records prior to that .
Will his statement stand in the court of law.
Devajyoti Barman
(Expert) 12 April 2012
No that statement has no value. The excess payment is presumed to be adjusted for future rent.
