Article 67 of limitation act
Sandeep Deshmukh
(Querist) 02 May 2016
This query is : Resolved
Hi Experts...
When article 67 of limitation act i.e.
67. By a landlord to recover possession from a tenant When the tenancy is determined. 12 years
What is the legal position of landlord after that as because he lost his right to recover possession. Does it mean that tenant acquired title by adverse possession? Please suggest. Thanks
Rajendra K Goyal
(Expert) 02 May 2016
Academic query, state material facts of the problem if any.
R.K Nanda
(Expert) 02 May 2016
academic query.
Sandeep Deshmukh
(Querist) 02 May 2016
Landlord issued notice to quit to the tenant in the year 1998. But after that not done anything. Tenant paid rent upto 2001 later he not paid rent also. In the year 2015 again landlord issued second notice to quit. And tenant refused to vacate. Landlord filed suit of eviction. Tenant taken defence of limitation as cause of action arise in the year 1998 and suit filed in 2015.
Please suggest. Thanks
Sandeep Deshmukh
(Querist) 02 May 2016
What is the legal position of landlord after that as because he lost his right to recover possession. Does it mean that tenant acquired title by adverse possession? Please suggest. Thanks
Sandeep Deshmukh
(Querist) 03 May 2016
What is the legal position of landlord after that as because he lost his right to recover possession. Does it mean that tenant acquired title by adverse possession? Please suggest. Thanks
P. Venu
(Expert) 03 May 2016
Cause of action, prima facie, is of continuing nature.
Guest
(Expert) 03 May 2016
Taking Maharashtra Rent Control Act 1999 into consideration and replying to query
1) Landlord issued notice to quit to the tenant in the year 1998. But after that not done anything. Tenant paid rent upto 2001---------- Issue between parties in 1998 solved and things settled that time.
2) After 2001 tenant did not pay rent and in 2015 he send legal notice terminating tenancy under state rent control act , and then filled eviction suit
3) In this case Land lord is within period of limitation since cause of action arose in 2015
(Generally only two sub - section are favorable for land lord nothing else)
16-1-g ---- Bonafide requirement of Land Lord or his dependent
16-1-n ---- Non Use of premises without reasonable cause minimum six months before filling of eviction suit
15 - Non payment of Rent (This section is useless because within 3 months he can pay negligible rent to court)
remaining sub section of 16 (1) -..... are useless from Land Lord point of view, but can be useful in rare case if situation permits in exceptional circumstances .
If other state Rent matter then ignore my reply please. (This is only for Maharashtra Rent Control Act 1999 provided this act is applicable to you after analyzing more than 50 property law of Maharashtra state )
Sandeep Deshmukh
(Querist) 03 May 2016
Thanks for the reply. But suppose if landlords suit is dismissed on the ground of limitation i.e. article 67 of limitation act then after that what will be the legal position of landlord and tenant?
Guest
(Expert) 04 May 2016
Cause of action starts after 2015 terminating notice . In 2015 he did not surrender suit tenement after sending eviction notice so you filled RCS .
There is no delay , Why you are afraid of small small things?
If negative order appeal against order ,very simple.
Issue of 1998 was solved that time only. This is fresh issue.
(In court opp. party can argue any thing they like , You should stick to legal point and in correct way. )
Guest
(Expert) 04 May 2016
1) Within 30 days of order you have to appeal
2) If negative order comes then show me the copy , I will be really interested to study the matter then
3) Imaginary question better not think . Let problem becomes official then we will think. Else litigant will die due to worry only.
5) I will put all my energy studying only if the problem surfaced officially after order, before it no need to even think.
