recovery of rental advance
S.MANIMARAN
(Querist) 02 August 2011
This query is : Resolved
sir A is entry into a rental agreement with X in the year of sep 2004 but the possession of the shop not taken by the tenant and in the Dec 2oo5 died and new arrangement had been made with the children s of the X , but no money is transferred through the second arrangement and that time also tenant not taken the possession and file a suit for recovery of rental advance in April 2010.
what is position of the suit whether it is time barred or not
ajay sethi
(Expert) 02 August 2011
i agree with mr singh that it is time barred
Raj Kumar Makkad
(Expert) 04 August 2011
N justification for filing suit at such belated stage.
JT Rajasuriya, Chennai
(Expert) 08 August 2011
Depends on facts and circumstances. If it is shown that they had in fact been a tenant all along (even if they were not paying rent - as u would not have demanded), then request to return advance is quite logical.
It is not a debt due on some earlier to be time barred.
At the same time, if they were supposed to claim at the earlier date( due to certain facts), then it will be time barred.
