Mr. Swami Prasad Kaushal has taken a shop on rent with fare 25 rs per month from the ladlord
Shyamlal about 50 years ago. In 2004 Shyam lal expired. and his som Shyamsundar refused to receipt fare and filed a suit to vcte the shop under" he has not got monthly rent more than 6 months ". In 2005 local court asked to tenant to deposit rent in court by tender in the name of Shyamsundar. and case closed on 2008 that Mr. Swami prasad Kaushal will deposit rent in court. And rent will be increased 10% after each five year.
but the problem is after closing of case in 2008 the tender for rent is being deposited in the same case No. So can the rent be deposited through tender in court under the same case which has been closed. Or the rent to be submitted to cour via tender under a new case.
From some lawyer we have get known that if case closed then we can not deposit rent in it. so it is illegal to deposit the rent in closed case. And you should be treated as defaulter in rent payment. so the landlord can evict his shop under the provision of non payment of rent
for more than 10 years.
So please suggest what can we the remedy in this case. As the landlord has sent us notice in this regard and he tries to file a suit case again.
No definite suggestion is possible unless the documents are perused.
