Madan Mohan Lal vs Dildar Husain

Banerji and Aikman, JJ.—This appeal arises out of a suit brought by the plaintiff, who is appellant here, to recover from his lessee arrears of rent for the years 1303 and 1304 Fasli. The short question raised in this appeal is whether, when the Local Government, u/s 23 of the Rent Act, suspends payment of revenue, and when suspension of rent has in consequence been ordered, a lessee is entitled, to the benefit of the latter suspension. If he is, this appeal must fail. We are clearly of opinion that under the terms of Section 23 the defendant lessee was entitled to suspension of payment of the money payable by him under his lease. The result is, that the finding of the learned District Judge, that at the date of the suit nothing was due from the defendant as to the first two instalments of rent, and that the suit as regards the remaining instalments of rent was premature, is correct. We dismiss the appeal with costs.