Search Results Page
Search Results
1 - 5 of 5 (0.22 seconds)Section 13 in The Delhi Rent Act, 1995 [Entire Act]
The Code of Civil Procedure, 1908
The Delhi Rent Act, 1995
Chotey Lal vs L. Chhakkilal Alias Hari Shanker And ... on 8 October, 1952
11. The last decision upon which reliance has been placed by Mr. S .M. Shah is in Chotev Lal v. L. Chhakkilal, AIR 1953 All 113. It has been held by Mr. Justice Desai in that decision that under Section 3 (a) of U. P. (Temporary) Control of Rent and Eviction Act, 1947 the words "arrears of rent" not only included undecreed arrears but also decreed arrears of rent. He has observed that the expression "arrears of rent" has no technical meaning. It means rent not paid on the date on which it falls due. It remains so even though a suit is brought for the recovery and decreed. The only effect of the decree it has been further observed in that decision, is that the cause of action is merged in the decree and that the landlord can realise the decreed amount in a certain manner but it does not have the effect of changing the arrears of rent into something other than arrears of rent. Assuming that the principle laid down by the learned Judge is applicable to a case under the Bombav Rent Act, it is quite clear that though the arrears of rent which formed the subject-matter of adjudication between the parties that is to say the arrears of rent from 1st June, 1966 to 15th August, 1966, would remain the arrears of rent they would not furnish a fresh around to the plaintiff to evict the defendant from the suit premises. That is not what the learned Judge has laid down in that aforesaid decision. Under the aforesaid circumstances I am unable to uphold the finding, recorded by the Courts below on the question of arrears of rent in my opinion the defendant was ready and willing to pay the arrears of rent and fore not liable to be evicted ground.
1