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Rajah Eswara Doss Vs. Venkataroyer - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad236
AppellantRajah Eswara Doss
RespondentVenkataroyer
Excerpt:
civil procedure code - act xiv of 1882, section 43--rent recovery act (madras)--act viii of 1865, section 18--suit by a landlord in the court of the district munsif for arrears of rent for two years--subsequent attachment for rent of a third year accrued due at date of suit. - 1. though by section 43, code of civil procedure, the landlord in circumstances such as these is precluded from suing for rent not included in his previous suit, this does. not preclude him from adopting any other remedy the law gives him to enable him to recover his rent, as for instance by distraint under the rent recovery act.2. we must, therefore, reverse the decree of both the lower courts and dismiss the plaintiff's suit with costs throughout.
Judgment:

1. Though by Section 43, Code of Civil Procedure, the landlord in circumstances such as these is precluded from suing for rent not included in his previous suit, this does. not preclude him from adopting any other remedy the law gives him to enable him to recover his rent, as for instance by distraint under the Rent Recovery Act.

2. We must, therefore, reverse the decree of both the lower Courts and dismiss the plaintiff's suit with costs throughout.


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