Interpleader suit
modassir nasim
(Querist) 22 February 2012
This query is : Resolved
A tenant (shop owner) named Mr.X accepts Mr.Y as his landlord and is paying rent for past 30 years as Mr. X was inducted as a tenant by Mr.Y 30 years ago.Now one Mr.Z claims himself to be the owner as he pleads that he has purchased the property from the sisters of Mr.Y and sisters of Mr.Y were the true owners as this property belonged to father of Mr.Y and this portion belongs to the said sisters in which his shop is situated and hence claims the rent.
My question is can Mr.X (tenant) file an interpleader suit against Mr.Y(landlord) and Mr.Z ?
Pls give case law if possible.
Khaleel Ahmed Mohammed
(Expert) 22 February 2012
There is no need to file any case against any body by Mr. X. Let them their claim before the court.
V R SHROFF
(Expert) 22 February 2012
LET THE MATTER PROCEED, WHY YOU SHOULD PROCEED??
Anirudh
(Expert) 22 February 2012
Dear Mr. Modassir,
You do not appear to have understood the concept of 'interpleader'.
The interpleader is one, who has the possession of certain property in his hands, which he does not want to keep for himself nor does claim any interest in it, but would prefer to give it to a proper and rightful owner of the same, but do not know who is the proper and rightful owner when there are many claimants for the same. Therefore he would approach the court for a solution.
Apply the above principle to your fact situation, you will realise that 'interpleader' situation is not present in your case and in any case the tenant cannot bring in the interpleader suit at all.
Raj Kumar Makkad
(Expert) 22 February 2012
He can file but the documents are against him so his suit deserves dismissal even if filed.
Deepak Nair
(Expert) 22 February 2012
In your case, X is merely a tenant and not the one who is in custody of the property. In that case, X cannot file an interpleader suit, as, interpleader is determined when a perperty in custody of one person is claimed by 2 or more persons other than the person who has custody of property.
Any way, let us wait for comments from other learned experts.
prabhakar singh
(Expert) 22 February 2012
Your fact and circumstances does not call for filing any inter-pleader suit.
You state you are tenant and were inducted by Y whom you have been rightly treating your land lord.
You are not obliged to recognized any body else as landlord even the real owner being some one else unless the person claiming now the right of land lordships serve you any notice claiming him to be land lord supported by decree of competent court against Y or Y himself directs in writing that here now you need to treat Mr. so and so to be your new land lord in his place.
modassir nasim
(Querist) 22 February 2012
Thanks everyone for answering .Prabhakhar Sing ji thanks for your answer but here the the said Mr. Z has sent a legal notice claiming the rent.In the said notice he say's that he has purchased the property by registered sale deed from the sisters of Mr.Y. Now can Mr.X file interpleader suit.
Deepak Nair
(Expert) 23 February 2012
It is advised to personally approach Mr.X what is the actual situation.
