Legal Question in Banking Law in India

You can prove through handwriting expert. But as per law maximum time for rent is only 6 years and not more than this.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

M: +919814110005

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Regards and good luck

the debt was time barred. under the limitation act the limitation gets extended only if an acknowledgment is made during the limitation period. In this case, when he wrote the letter, even if there was no pressure, limitation had already expired. So the provision of limitation act do not help here. the proviso to section 138 takes away the offence and the complaint will not stand.

a rent is also a legally enforceable debt and the recovery of rent by way of cheque is acceptable even though the rent is pending since ten years. moment the tenant acknowledged in writing that he is liable to pay the rent and the moment is issued the cheque, the limitation period started from the day the cheque got dishonoured. your complaint u/s 138 is maintainable and you can lead evidence by way of exhibiting his undertaking, lease agreement which is nine years old and also the cheques along with memo and notice. you also have an option to recovery your money now by filing a suit u/s 37 of civil procedure code.

The letter and the initial lease agreement should be very helpful to you. The complaint under section 138 is maintainable. No question of limitation arise in payment of rent by a tenant to the landlord. A claim for rent is never time barred more particularly when the tenant has issued a cheque admitting his liability. The plea of "force" that may be possibly be taken by the tenant may not stand legal scrutiny. Go ahead. Good luck!

The tenant's letter and the earlier lease deed would help you in the case. The pleas of tenant that the cheque was given due to force will not be accepted by courts.

That letter will be sufficient to demostatrate along with the handwriting expert report. If the accused claims that the letter was obtained by force then he has to prove the same either that he should have filed an FIR/police complaint against you when you obtained the letter by alleged forced.