Ch return cases

Hi

You can file a civil petition order XXXVII of Code of Civil Procedure 1908 and NI Act 138.

Thanks,

J. SRINIVAS

Thanks Srinivasji

I will make my query more specific now

The cheque issued is by a tenant in respect of the rent bounces. Can a civil Suit be also filed in the Rent Control Tribunal along with the Criminal Suit under Section 138 of the Negotiable Instruments Act. ?

Can both the cases proceed simultaneously? Can any one cite some case laws?

ashokkumar@calibreplacements.com

Hi Ashok,

The cheque issued by your tenant. First point is Cheque is Cheque. There is no specific thing called issued by Tenant or some other person.

Cuming to your second poing U can file a civil suit in Rent Control Tribunal and along with 138 NI Act. U can mentioned in tribunal stating that Its already v have filed a 138 NI act Case.

Thanks,

J. Srinivas

Advocate

You can initiate both civil and criminal proceedings simultaneously ,No bar But  for filing the case in Rent Tribunal you should have grounds for eviction of tenant as Rent Tribunals are formed for the purpose to decide disputes arisen between Landlord and Tenant.You can file civil suit for recovery of cheque amount in civil court.

Thanks Bharteshji

But I think that only The Rent Tribunal has Jurisdiction to deal with cases relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto---

This is an all pervasive stipulation

Since the Cheques return is a matter  connected therewith and ancillary thereto---I dont think any Civil Court has the Power to deal with teh case (The case under Sce 138 of NU Act is of course  different)

Please see Secion 18(1) of teh Rent Control Act and also Section 29

18. Jurisdiction of Rent Tribunal.-

(l) Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Tribunal and no civil court shall have jurisdiction to hear and decide the petitions relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto, filed under the provisions of this Act:

29. Act to have overriding effect.-The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Law for the time being in force or in any instrument having effect by virtue of any Law other than this Act.

Pl let me know your views