RCOP - RCA - Continuing - Is it possible to collect arrears of rent for the past 11 years
Background: The RCOP case was filed 11 years ago, and the Eviction Order has already been passed in our favour. Now, the tenant has filed a Rent Control Appeal (RCA), seemingly with the intention to delay the process and continue occupying the premises without paying rent. My lawyer had filed an Interlocutory Application (IA) during the RCA, requesting the court to direct the tenant to pay arrears of rent. However, the IA was dismissed by the court due to non-payment of batta (process fee) by the lawyer. Now, the lawyer is suggesting that instead of restoring the dismissed IA, he will proceed to argue the RCA directly and complete the appeal process. Questions: If the lawyer proceeds to argue the RCA without restoring the IA for rent arrears, will this affect my ability to file a civil suit later to recover the rent for the past 11 years? Specifically, will the dismissal of the IA weaken my claim or act as a bar in a future civil suit? Will the limitation period under the Limitation Act restrict my recovery to only the past 3 years' rent? Some have advised that because the tenant has continuously occupied the property without paying rent, this constitutes a "continuing cause of action", and I am entitled to claim rent for the entire 11-year period. However, I do not have any concrete judgment from the Madras High Court or any other authority that clearly supports this position. Request: I am seeking clear legal guidance on: Whether the non-restoration of the IA will legally impact my ability to recover the full rent arrears. Whether I can validly argue the concept of a continuing cause of action to overcome the 3-year limitation bar. If there are any supporting judgments (preferably from the Madras High Court) that confirm a landlord’s right to recover long-term arrears in similar circumstances.
Kolkata
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