Possession on part A of building (A+B+C) was given on 1-9_2011 in view of declaration (Partnership - At-Will) by owner X for keeping the business goods and verification by other partner Y. Owner X died on 14-12-2013. ( date of dissolution of partnership)
The other partner Y ( age 22 years as plaint actual 26years) is saying that I am tenant on A & B (owner Z) and C after death ( on 31-12-2009) of his father and tenancy was obtained from Z by my father before 50 - 60 from the date of filing of the Suit on 22-12-2015 ( father's age of Y is 58 years as voter list). The Y has not submitted any agreement up to now though sbmitted two certified copies of assessment register 2009-14 showing the name Y only as proof of tenancy.
1- Whether an application U/o VII Rule 11 with counter claim can be filed?
2- Whether the section 22 of limitation Act will be applied for non- surrender of possession since 14-12-2013 due to dissolution of partnership At Will?
3- Mutation could be matured on dated 9-6-2021 on application datef 30-8-2016. ( Right of sue in my view started on 9-6-2021.)
A humble reqest is for valuable suggestions & support.
When can a counterclaim be filed?
As per Order VIII Rule 6A of CPC, the counter-claim must be set up either before or after the filing of the suit but before Defendant has delivered its defence. Interestingly, Order VIII Rule 6A of CPC does not provide a time limit for filing of counter-claim in a civil suit.
Section 22 in The Limitation Act, 1963 Continuing breaches and torts.—In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. 22. Continuing breaches and torts.—In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues."
