set-off--Suit by patnidar against zemindar
for possession of land with mesne profits--Decree in favour
of patnidar-Claim by zemindar to set off ... arise ...... The
plea of equitable set-off in respect of time-barred debts
can be set up as a shield by way of defence
restricted to equitable set-off which is beyond the scope of
legal set-off. It is urged by him that equitable set-off ... fact, there is an immense distinction
between the equitable set-off and legal set-off.
11. In view of the aforesaid submissions we are required
ascribed to the term ‘set-off’,
namely, (a) statutory or legal set-off; (b) common law set-off; (c)
equitable set-off; (d) contractual set ... right to set-off in the absence of contractual right to set-off depends
on the statute of set-off and equitable set-off. Further
restricted to equitable set-off which is beyond the scope of
legal set-off. It is urged by him that equitable set-off ... fact, there is an immense distinction
between the equitable set-off and legal set-off.
11. In view of the aforesaid submissions we are required
sought to be set-off."
What the rule deals with is legal set-off. The claim sought to be
set-off must ... set-off or adjusted. Apart from the rule enacted in Rule 6
abovesaid there exists a right to set-off, called equitable,
independently
meanings were ascribed to set-off viz., (a) statutory
or legal set-off; (b) common law set-off; (c) equitable set-off;
Page ... contractual set-off; and (e) insolvency set-off, of which,
common law and equitable set-off were found to have
always flown together. Looking
set-off."
18. What the rule deals with is legal set-off. The claim sought to be set-off must be for an ascertained ... set-off or adjusted. Apart from the rule enacted in Rule 6 abovesaid there exists a right to set-off, called equitable, independently
denied the claim of the plaintiff-respondent,
pleaded legal as well as equitable set-off and had made a
counter claim. In due course
proper course is to set aside the finding rendered by
the TDSAT on the plea of set off raised by the appellant. This ... even a part thereof might throw open the question of legal or
equitable set-off, to be considered in the light of the finding
same question of compensation
in the companion suits in which no equitable set-off was
claimed.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeals
