Tribhuwan Pratap Gupta (Advocate) 18 August 2013
I have a quary as below
weather provision of 3 years limitation act apply in a case where tenant is depositing rent in court and due to death of plaintiff (land lord)in delay by the court in bringing legal heir on records more than 3 years rent has accumulated that is for 39 months weather landlord can withdraw whole 39 months rent if yes under which provision|? and clause? section? with due Regards
T.P.C.Gupta
Advocate
Kolla Gangadhar (Practicing Advocate since 1986) 19 August 2013
Tenant does not become owner of Property, though Tenant has been depositing rents for more than 3 years, meanwhile land lord died, you have not intimated to the court that land lord died and have not filed Petition to bring Legal heirs of land lord on record. You may file petition now and explain delay for filing after 3 years.
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 19 August 2013
You have to regularly deposit the rent in the court, landlord can withdraw it any time even his heirs.Delay in bringing LRs on record is their problem.
If delay in deposit of rent deposit the same immediately otherwise it will be sufficient for eviction.
Tribhuwan Pratap Gupta (Advocate) 19 August 2013
Respected Sir,
I on behalf of my client filed an application in High Court during the pendancy of case in High court the defendant (Tenant)had further gone on appeal in Supreme court in spite of my filing application to bring heir on record but due to delay in legal process heir ( Holder of will) could not apply for withdrawing rent from CCD now he had applied for withdral and total rent deposited till now is for 39 months .As the legal process was continuing and delay was due to the court which could not take decision within limitation time. Weather under above circumstances can there be a exemption from the provision of Limitation Act
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