Recovery in civil property suit. (Damages)

[User_f11b8062]

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User_f11b8062
PARTICIPANT
February 24, 2025 at 1:35 pm

My property case has been going on for around 5 years now and the case is about to be over. what I want to know is how should I go about the recovery of my rent for the same period. My lawyer is suggesting that it will be recovered by a case of defamation but I’m not very clear on the law and having doubts.

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[Happyshark11]

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Happyshark11
PARTICIPANT
February 24, 2025 at 2:16 pm

You have provided no information to really give advice here. Though case of defamation does not result in recovery of rent. I think that is pretty obvious.

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[User_e9c07898]

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User_e9c07898
PARTICIPANT
February 24, 2025 at 2:35 pm

Yeah, essentially. If the initial suit is a suit for eviction, you might be able to file an application for payment of arrears of rent / determination of fair rent. Not sure what defamation has to do with any of this.

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[Happyshark11]

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Happyshark11
PARTICIPANT
February 24, 2025 at 3:14 pm

I doubt it is eviction suit, because tenant would have to deposit rent in court (if amount is disputed) or pay it in full to even contest the eviction suit. I guess this must be property ownership dispute and OP was not in possession of the property and now wants to claim rent for the period other side wrongly occupied the property. Based on these assumptions he would need to go for Mesne Profit Application.

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[User_e9c07898]

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User_e9c07898
PARTICIPANT
February 24, 2025 at 4:10 pm

Depends on the applicable rent-eviction act. Some acts, where the suit is filed on the grounds of bonafide requirement, subletting or non-user for instance, do not mandate deposit of rent in Court. Changes from one act to another.

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[User_f11b8062]

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User_f11b8062
OP
February 25, 2025 at 4:34 am

Sir its previous owner and current owner
current owner was in peace full possession from 2005 to 2020
previous owner started dispute by sending a tenant

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