‘X’ lets out certain lands to ‘Y’. ‘A alleges that land never belonged to ‘X and claims rent from ‘Y’. ‘Y’ institute an interpleader suit against ‘A’ and ‘X' Will it lie?

Question: ‘X’ lets out certain lands to ‘Y’. ‘A alleges that land never belonged to ‘X and claims rent from ‘Y’. ‘Y’ institute an interpleader suit against ‘A’ and ‘X’ Will it lie? [Bihar C.J. 1984]

Find the answer only on Legal Bites. [‘X’ lets out certain lands to ‘Y’. ‘A alleges that land never belonged to ‘X and claims rent from ‘Y’. ‘Y’ institute an interpleader suit against ‘A’ and ‘X’ Will it lie?]

Answer

An ‘Interpleader suit’ is a suit in which the real dispute is not between the defendants who interplead against each other unlike in an ordinary.

Rule 5 Order XXXV of Code of Civil Procedure 1908 which talks about Agents and tenants may not institute interpleader suits clearly states: “Nothing in this Order shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords.”

Order XXXV, Rule 5 of the code of civil Procedure, prohibits the tenant to bring a suit against his landlord for the purpose of compelling him to interplead with any person other than the person making claim through such landlord.

Moreover, Section 116 of the Indian Evidence Act says “No tenant of immovable property, or the person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property.

Thus, applying the aforesaid rule in the present case at hand, where ‘X’ lets out certain lands to ‘Y’ and later ‘A alleges that land never belonged to ‘X and claims rent from ‘Y’, he is not allowed to do so. This is a bar put by Order XXXV, Rule 5 of CPC, and section 116 of the Indian Evidence Act.

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