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Krishna   04 January 2022

As a tenant am i protected by article 67 of limitation act ?

I rented an apartment in 1999 with no written agreement but had to pay rent in cash with no receipt. Now 22 years later my landlord is trying to evict me with a suit saying I have not paid rent since 2013. That is 14 years after I rented.

Am I protected by Article 67 of limitation act which says he can bot evict me after 12 yeas. ( 2013 would be 14 years ).

Also, is it 12 years after start of tenancy in 1999 or after 2013 that he claims that I stopped paying rent. ( I always did till now in cash but no receipt )

Thank You



Learning

 3 Replies

Amol Chaudhary   04 January 2022

The period is commenced from the date when the tenancy is determined i.e in your case it commenced from 1999 and article 67 of limitation act does not applies in your case.

For more info feel free to contact back.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 January 2022

Watch this case for your question.

Shashikant Yeshwant ... v. Chintaman Vinayak Ko

obviously Article 67 of the Limitation Act would not apply for a suit by a landlord against a tenant under the provisions of the Bombay Rent Act. Because...Article 67 of the Limitation Act provides the starting point for counting the period of limitation to be the date of termination of tenancy and as in the present case as per the decision of...the Supreme Court has held that Article 67 of the Limitation Act would apply but that was on the basis of the law prevalent at that time that it was necessary.

Krishna   05 January 2022

Originally posted by : Amol Chaudhary

The period is commenced from the date when the tenancy is determined i.e in your case it commenced from 1999 and article 67 of limitation act does not applies in your case.For more info feel free to contact back.

Kindly tell me why article 67 does not apply in my case & how do I contact you ?

 

 


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