Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Gopisetti Narainsawmi Naidu Garu, Receiver, Nidadavole Estate v. Tallanotheraju Vencata Subrayudu

Gopisetti Narainsawmi Naidu Garu, Receiver, Nidadavole Estate v. Tallanotheraju Vencata Subrayudu

(High Court Of Judicature At Madras)

No. | 05-01-1911

Munro, J.

[1] There are two points raised in this petition. One relates to the rent of Fasli 1315. The Munsif has dismissed the claim as barred by limitation. It is pointed out for the petitioner that he was prosecuting with due diligence the same claim in a Court which had no jurisdiction to decide the matter. He had instituted the suit in the Revenue Court thinking that under the Estates Land Act, (I of 1908), the suit has (sic) be instituted in that Court. But the (sic) is for kattubadi against the Inamdar and that claim is not a claim for rent within the meaning of that word in the Estates Land Act. The suit, therefore, properly lay (sic) the ordinary Civil Court. The petitioner is entitled to the deduction of the time from the date of the institution of the suit in the Revenue, Court, to the date on which the plaint was returned by the Revenue Court. If this deduction is made the suit is within time. I see no reason why that deduction should not be allowed in the plaintiff s favour. The next point relates to the claim for interest on the arrears of rent. The landlord is entitled to interest under Section 27 of the Rent Recovery Act VIII of 1865 which applies to the present case. The plaintiff is, therefore, entitled to claim interest on the arrears of rent sued for. The decree of the District Munsif will be modified by allowing the Kattubadi claimed for Fasli 1315 and also the interest sued for in addition to the amount awarded by the District Munsif. No costs will be allowed.

Advocate List
  • For the Appearing Parties -------
Bench
  • HON'BLE MR. JUSTICE MUNRO
Eq Citations
  • 1911 MWN 233
  • 9 IND. CAS. 642
  • LQ/MadHC/1911/6
Head Note

Rent Control — Rent — Interest on arrears of rent — Rent Recovery Act, 1865 — S. 27 — Held, landlord entitled to interest under S. 27 of Rent Recovery Act, 1865 — Constitution of India, Art. 226