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Mahadeo Prasad Vs. Mathura and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All189
AppellantMahadeo Prasad
RespondentMathura and ors.
Excerpt:
act xii of 1881 (n.-w.p. rent act), sections 7, 95(l) - ex-proprietary tenant--determination of rent by revenue court--suit for arrears of rent as so determined for period prior to such determination. - .....the years in suit at the amount determined by the order of the revenue court, dated the 18th february 1884, subject, of course, to any question that may arise under the limitation act, which is not before us, and upon which i express no opinion, my reasons for this opinion are, that the tenancy was created by the plaintiff's purchase of the original landlord's interest, and the rent, when fixed under the statute which provides the means for determining the rent payable, becomes the rent which is to be paid during the whole tenancy, or the rent of the land held by the tenant during the whole of his tenancy; and as soon as that has been fixed, the landlord can put his remedies in force, if the tenant fails to pay the debt. i would answer the questions referred in the affirmative.straight,.....
Judgment:

W. Comer Petheram, C.J.

1. I am of opinion that in this case the plaintiff is entitled to recover arrears of rent for the years in suit at the amount determined by the order of the Revenue Court, dated the 18th February 1884, subject, of course, to any question that may arise under the Limitation Act, which is not before us, and upon which I express no opinion, My reasons for this opinion are, that the tenancy was created by the plaintiff's purchase of the original landlord's interest, and the rent, when fixed under the statute which provides the means for determining the rent payable, becomes the rent which is to be paid during the whole tenancy, or the rent of the land held by the tenant during the whole of his tenancy; and as soon as that has been fixed, the landlord can put his remedies in force, if the tenant fails to pay the debt. I would answer the questions referred in the affirmative.

Straight, Oldfield, Brodhurst and Tyrrell, JJ.

2. concurred.


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