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1 - 7 of 7 (0.66 seconds)Sm. Daya Debi vs Chapala Debi on 23 March, 1959
This
Court noticed the ratio of the judgment of the Calcutta High Court in Smt.
Daya Debi v. Chapla Debi, AIR (1960) Cal.,378 wherein it was held that the
assignment of arrears of rent ceased to be rent, they because debt in law
and therefore there was no question of paying the same or tendering them in
Court for payment to the landlord in eviction proceedings. This Court did
not go into the correctness or otherwise of the said view. The contention
raised by the counsel for the tenant was not accepted although the view
expressed by the Calcutta High Court was not specifically disapproved.
Ramchander Narsey & Co. vs Wamanrao Shenoy on 13 March, 1969
In Ramchander Narsey & Co. v. Wamanrao Shenoy, UJ (SC) 70(69), this Court
approved the judgment of the High Court of Bombay in ordering ejectment of
a tenant inter alia, on the ground that the tenant had failed to pay to the
transfer landlord arrears of rent including the arrears prior to the
transfer of the property in his favour. Incidentally the provisions of the
statute considered in that case and in the present case are the same.
Champaklal Dahyabhai Natali And Ors. vs Saraswatiben And Ors. on 14 October, 1976
47, Full Bench in
Champak Lal Dahyabhai Natali and Ors. v. Saraswatiben and Ors., AIR (1977)
Guj.
The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Ram Prakash Ghai vs Karam Chand And Anr. on 3 August, 1962
Similar is the view taken by a Division Bench of the Allahabad High Court
in Ram Prakash Ghai v. Karam Chand, AIR (1963) All.
N.M. Engineer And Others vs Narendra Singh Virdi And Another on 12 July, 1994
In N.M Engineer and Ors. v. Narendera Singh Virdi and Anr., AIR (1995) SC
448, this Court again held that in the absence of any assignment of the
rent in favour of the transferee the assignee is not entitled to the rent
due before the assignment. Negatively it means that if there was an
assignment of the arrears then the same could be recovered as arrears of
rent by the subsequent transferee landlord.
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