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Puthanveettil Cheeru Vs. Chenenkeel Punnoron Chathu Nambiar and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported inAIR1941Mad44; (1940)2MLJ451
AppellantPuthanveettil Cheeru
RespondentChenenkeel Punnoron Chathu Nambiar and anr.
Excerpt:
- - i am of opinion that section 15 of the act is a section of which the appellant can take full advantage and regard it as clearly in accordance with the policy of the legislature that an assignee should be in no worse position in this respect than an original lessee......from him in 1936. the question is whether the arrears of rent claimed by the respondent are 'rent payable' by the appellant. it is true that appellant is not personally liable to pay rent for the period before the assignment to him, but it is to my mind clear that, apart from the agriculturists' relief act, respondent could in the final accounting between himself and appellant insist upon the appellant's paying him the whole of the arrears as a set off against whatever might be payable to appellant as compensation for his improvements. in a very real sense therefore the whole of the arrears is 'payable' by appellant; and i cannot accept respondent's further argument that money claimed by him as* rent and payable by appellant ceases to be rent when he pays it merely because he was.....
Judgment:

King, J.

1. This appeal relates to a claim for arrears of rent by the respondent and a claim by the present tenant (the appellant) that by his payment of the rent due for Faslis 1346 and 1347 all those arrears have been wiped out under Section 15 of the Madras Agriculturists' Relief Act. The appellant was not the original tenant but an assignee from him in 1936. The question is whether the arrears of rent claimed by the respondent are 'rent payable' by the appellant. It is true that appellant is not personally liable to pay rent for the period before the assignment to him, but it is to my mind clear that, apart from the Agriculturists' Relief Act, respondent could in the final accounting between himself and appellant insist upon the appellant's paying him the whole of the arrears as a set off against whatever might be payable to appellant as compensation for his improvements. In a very real sense therefore the whole of the arrears is 'payable' by appellant; and I cannot accept respondent's further argument that money claimed by him as* rent and payable by appellant ceases to be rent when he pays it merely because he was never personally liable to pay it. I am of opinion that Section 15 of the Act is a section of which the appellant can take full advantage and regard it as clearly in accordance with the policy of the Legislature that an assignee should be in no worse position in this respect than an original lessee. The appeal will be allowed and the order of the District Munsif restored with costs throughout.

2. Leave to appeal granted.


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