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shubhra (owner)     20 April 2010

interpleader suit

This case relates to haryana.

I am landlord.

AS per a written agreement the tenant accepts me as a landlord.

THis agreement was executed in 1989 and is accepted by the tenant in the court.

I have filed an eviction case before the rent controller.

The tenant has given to me without dispute rent for many years in court in seperate case for recovery of rent.

The tenant filed an application U/s 1 10 to implead other co owners of the property. This application was turned down by the honourable court.

Now my tenant has filed an interpleader suit vouching some notice and letters by other co owners who are now demanding rent and as per his version are not willing to evict the tenant.

I want to to know as the property is in anme of my father and my mother joint name.

The other coowner have put on record two wills alleged to be writted by my father and mother has a date of 1967 and no probate or succession certifcate has been taken on the said wills. The will has two of the co owners as witness who are the beneficiaries as well.

Kindly throw me light how to about in this legal tussle. If the eviction is allowed what will be effect on the interpleader suit filed by the tenant. If any of the expert needs any mode details of the case you can send me a message.



Learning

 6 Replies

R.R. KRISHNAA (Legal Manager)     20 April 2010

Interpleader suits cannot be filed by tenants or by agents so as to make their landlords or principals interplead with persons who have not claimed through such landlords or principals.

Please refer Order 35 sub rule 5 of CPC which says that agents and tenants may not institute interpleader suits.   The interpleader suit filed by the tenant is not maintainable in view of the above provision.  You may file an application under Order 7 rule 11 of CPC to reject the interpleader suit filed by the tenant and you may proceed the eviction case for a judgment in your favour.  Good luck.

1 Like

shubhra (owner)     16 May 2010

Dear sir

 

Thanks for your reply.  Acting on your advise we the application to reject the palint. Now the date is fixed for august for reply. i want to know if you have relevent ruling and citations for rejecting the plaint to put at the stage of arguments on this application. please give us relevent citations.

regards

R.R. KRISHNAA (Legal Manager)     16 May 2010

Dear shubhra,

 

 

You must act on your lawyers advice and not on my advice.  This forum is meant for exchange of knowledge and discussion only and opinions/ personal opinions given here should not be meant as legal advice.

 

 

 

It is upto you and your advocate on record to follow up your case in accordance with the proper legal procedure.  (moreover it the duty of your advocate to look for citations)…

 

 

Please don’t mistake me to say this.

 

 

 

Regards,,

shubhra (owner)     19 May 2010

Dear sir

I understand this forum is for exchange of knowledge. Our advocated tried to find but could not. We are only asking for exchange of knowlege if you can give us some 1-2 good citations from North india delhi/ supreme or punjab and haryana high court etc.

 

your help will be very very valueable.

 

If you do not have citations you can say so for us to seek advise or help elsewhere.

 

regards

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     09 June 2010

tenant or an agent has no locus standy to file an inter pleader suit aganist the land lord

if the tenant filed the suit it must be ejected

kindlt verify/read order XXX V rule 5 in that rule there is an explination coloum just read it you can understand.

law itself says tenant has no locustandy so you need not worry about cititions jus place the explination before the bench the judge itself reject the plaint

kranthi (retainer advocate)     17 June 2010

wat the krishnaa, srikanth correct,  as will ur father can make so many wills in his life time , the will which was drawn  lastly before death is final , it is final  but it has to be confirmed 


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