Upgrad LLM

cpc case law query

Company Secretary

Dear All

There was a case law in my  CPC exam.

I would like to know the opinion of learnt members about it.

Mr. X had a flat given to a tenant on rent. Mr. X died. Now, each of three sons of Mr. X demand the rent from the tenant. How will the litigation proceed and what kind of suit will it be..

 
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One of the legal heir has to obtain a succession certificate so as to collect the so as to collect the debts of the deceased and administer his estate. It will be the responsibility of the person holding the Succession certificate to collect the debts and administer the same in accordance with the law of succession.


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Advocate

The tenant has to make a written request to all the sons of deceased  X to name the person to whom he has to pay the  rent. If the 3 sons amicable agree and name a person he shall continue to receive the rent. If they disagree, the tenant can give a notice to all the 3 sons and deposit the rent in court. Tenant is legally protected.

H.D.Kumaravelu Advocate


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Company Secretary

Thanks all, for the valuable replies.

But I have a doubt as to in what background/ on what basis will the tenant file the suit. And, what type of suit will that be...

Can it be interpleader suit? But, one of the requirements of interpleader suit is that the plaintiff shd not be intererested in the subject matter of the suit. Here, he is....

 
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Advocate

Once a tenant always a tenant, until evicted by due process of law. Here as per the facts he is tenant under the father, who is no more. He has the right to file a suit based on the tenancy agreement entered with the father of the 3 sons. The suit is a simple suit for deposite of rent.


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C S Pooja said very well. I  m agree with her.


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Adv P & H High Court Chandigarh

Nothing to add in the perfect opinion of Kumaravelu.


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advocate

TENANT CAN FILE  CIVIL SUIT/APPLICATION FOR DEPOSITING RENT AGAINST ALL SONS.


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Company Secretary

So, can we call it Inter pleader suit???

 
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Interpleader suit is the right term. While I agree with the opinions of my learned brothers, what Pooja wanted to know is whether it would be an interpleader suit to be filed by a tenant to dutifully pay the rent to the rightful heir of the deceased landlord. To my knowledge, an interpleader suit can be filed only if there are rival claims and if the debtor does not know who the rightful claimant is. In the question raised by Pooja, each of three sons of the deceased landlord claim rent ( perhaps not one-third, but full) So technically an interpleader suit lies.

The opinions of my learned brother give a practical solution. Mr. Kumaravelu concerns himself about the possession of the tenant and he is very right on that issue. Mr. Avinash Patil gives a more practical suggestion. Deposit the rent in the court. This is by far a simple procedure than filing an interpleader suit.

Pooja, vary rarely one files an interpleader suit. A tenant would never get into this kind of litigation, as it consumes lot of time money and energy to litigate.   

G V S Jagannadha Rao:: Advocate


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