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Raja Narendra Lal Khan Vs. NobIn Behary Bhattacharjya - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal758,28Ind.Cas.133
AppellantRaja Narendra Lal Khan
RespondentNobIn Behary Bhattacharjya
Excerpt:
bengal tenancy act (viii of 1885), section 169(c), schedule iii, article 2 - arrears of rent for period between institution of suit and confirmation of sale, landlord's claim to--article 2, applicability of. - .....of the sale.' if the amount claimed by the landlord is any part of the arrears between the institution of the suit and the date of the. confirmation of the sale he is clearly entitled to it. it is true that the tenant could under sub-section 2 dispute the decree-holder's right to receive any sum on account of rent under clause (c). but that must be upon the ground of payment or satisfaction in any other way. the legislature could not have meant to apply the limitation provisions of the schedule ill, article 2, to the express provisions of clause (c) of the section, because the limitation only provides for suits and not applications of this kind.
Judgment:

1. The provisions of Clause (c) of Section 169 of the Bengal Tenancy Act are quite clear. They are: 'If there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom any rent which may have fallen due to him in respect of the tenure or holding between the institution of the suit and the date of the confirmation of the sale.' If the amount claimed by the landlord is any part of the arrears between the institution of the suit and the date of the. confirmation of the sale he is clearly entitled to it. It is true that the tenant could under Sub-section 2 dispute the decree-holder's right to receive any sum on account of rent under Clause (c). But that must be upon the ground of payment or satisfaction in any other way. The Legislature could not have meant to apply the limitation provisions of the Schedule ill, Article 2, to the express provisions of Clause (c) of the section, because the limitation only provides for suits and not applications of this kind.


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