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shubhra (owner)     18 August 2010

interpleader suit by tenant

This is in relation to Haryana.

my tenant has agreement excuted in his and my name. In the agreement it is clearly written that he is now a tenant and i am the land lord. Now as allegged by the tenant my other brothers are asking for rent from him after more than 20 years of tenancy with me. I have been getting rent directly as well as for last 10 years thru court. I filed a suit for his eviction on ground that he has a bigger and better shop purchased by him after 5 years of tenancy in the same market. in this eviction suit he filed a application under CPC 1 10 for impleading other co owners. Which was dismissed. After one year of dissmissal (when the order of 1 10 had become final) he filed an interpleader suit. I want to know is this interpleader suit is legally maintainable. I have filed a application for rejection of suit for no course of action under order 7 rule 11.

My question is is this conduct of tenant not itself a ground of eviction ??? Is this interpleader suit legally maintainable ? also i need accurate interpretation fo order 35 relating to tenant filing an interpleader suit.


 5 Replies

N.K.Assumi (Advocate)     18 August 2010

He is paying rent to you and your brothers are also asking rent from him and you have filed suit for his eviction, I am of the view that his Interpleader suit should stand.

shubhra (owner)     18 August 2010

his is allegging that the brothers are asking rent but none of the brothers has put suit for demand of rent and none of the brother has even come to court for any evidence.

N.K.Assumi (Advocate)     18 August 2010

Simple, just ask your brother to come to the court and give their version so that the court can come to a logical conclusions for the stakeholder.

hari sri chunduru (advocate)     05 September 2010

Interpleader suit is filed only for ascertaining who is the true owner of the building,  Now the burden on you is to prove that you are true owner and not your brothers.It is better if you file a documentary evidence that the property solely belongs to you

shubhra (owner)     06 December 2010

in the said suite for eviction the tenant has been order to give vacent possession. Now what will be the status of interpleader suit.

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