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Effect Of Relation Back Doctrine In Landlord-Tenant Case
Case filed under Bombay rent act in 1999 for eviction of a tenant on the ground of unauthorised addition and alteration. Original tenant expired and in 2018 his son substituted as defendant. Son has acquired ownership flat in September 2019. So we filed for the additional cause of action amendment in Sep 2019 to be added for eviction The judge allowed us to amend but subject to the theory of NOT relation back. Does the order make the amendment useless for us as a plaintiff seeking eviction for this additional cause of action because order says amendment allowed subject to no back relation? Although the case is filed under old Bombay Rent Control Act in 1999 but Because the defendant will claim that he acquired in Sep 2019 and so now this clause is not applicable under the new Maharashtra rent control act?
- Sector-1, Noida
Doctrine of Relation Back is a principle that something done today will be treated as if it were done earlier. This doctrine is applied under certain circumstances. You need to consult a local lawyer for your matter and the lawyer will assess your matter further before suggesting a legal solution.
Answered on 31 Mar 2020
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