Question: Ram lets out certain lands to Shyam. After the death of Ram, the Sons of Ram, namely Mohan and Sohan, separately claim rent from Shyam on the ground of ownership acquired after the partition. Shyam institutes an interpleader suit against Mohan and Sohan. Is the interpleader suit filed by Shyam against Mohan and Sohan maintainable at law?… Read More »

Question: Ram lets out certain lands to Shyam. After the death of Ram, the Sons of Ram, namely Mohan and Sohan, separately claim rent from Shyam on the ground of ownership acquired after the partition. Shyam institutes an interpleader suit against Mohan and Sohan. Is the interpleader suit filed by Shyam against Mohan and Sohan maintainable at law? Give reasons in support of your answer and also refer to relevant provisions.

Find the answer only on Legal Bites. [Ram lets out certain lands to Shyam. After the death of Ram, the Sons of Ram, namely Mohan and Sohan, separately claim rent from Shyam on the ground of ownership acquired after the partition. Shyam institutes an interpleader suit… Is the interpleader suit filed by Shyam against Mohan and Sohan maintainable at law?]

Answer

Rule 5 Order XXXV of the Code of Civil Procedure 1908 lays down provisions where the agents and tenants may not institute interpleader suits. Rule 5 runs as follows:

“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.”

According to the general rule, as envisaged in Order XXXV, Rule 5 of the CPC, a tenant is not allowed to compel the landlord to interplead with any person. But this general rule is subject to an exception which is incorporated in Rule 5 itself. As per the exceptional Rule of Rule 5, a tenant can compel the landlord to interplead with other people if such other person is making a claim through such landlord (i.e. the deceased father in this case).

In the present case at hand, Mohan and Sohan are two sons of Ram, the deceased landlord, and are making a claim for rent from Shyam through the landlord. Yes, the Interpleader suit instituted by Shyam against Mohan and Sohan is maintainable at law by virtue of Order XXXV Rule 5 of the Civil Procedure Code, 1908.

Thus, by virtue of the exception embodied in Rule 5, an interpleader suit filed by Shyam against the two sons of the deceased landlord is maintainable at law.


Updated On 2022-08-25T07:25:53+05:30
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