AI Structured Summary
Not yet generated for this judgment
Judgment
King, J.—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 u/s 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.
Leave to appeal granted.