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Sushil Kumar Bhatia (Advocate)     25 January 2009

deposit of rent

Landlord filed suit for rent and ejectment of tenant in JSCC court .The tenant deposited entire rent and expences of litigation and had also deposited pendetlite rent during pendency of suit tenant died in year may 2008 plaintiff failed to brought his LRs on record uptill now my qestion is whether, in absence of deposite of remaing rent  in the court the LRS of deceased tenant/defendant are in default of rent or not .


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 2 Replies

PALNITKAR V.V. (Lawyer)     27 January 2009

If you have deposited rent regularly the LRs can not be called as defaulters. It is the duty of the plaintiff to bring the LRs on record. If he fails the suit will abate. I think this query was posted in Expert section and I have replied it.

Ajay kumar singh (Advocate)     27 January 2009

It is the duty of the defendant's counsel to inform the court about death of the defdt./tenant. If he has not reported the death,there is no need of bringing the L.Rs. on record. If reported, the suit will abate.


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