High Courts(1895) 01 MAD CK 0001

Rajah Rangaya Appa Row Bahadur Zemindar Garu of Nuzuved vs Bhumavarapu Venkata Reddi and Others

Madras High Court · Decided on 16 January 1895 · Citation: (1895) 5 MLJ 202

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Judgment

10 paragraphs · 248 words
1.

The suits are brought in 1893 to recover rent due for the Faslies ending June 1888 and 1889. Prima facie they are barred by the act of limitation

and the contention that the cause of action was suspended during the pendency of proceed-ngs to enforce acceptance of puttas is one which has

been admittedly overruled in previous decisions. But it was argued for the plaintift that the provisions of Section 72 of the Rent Recovery Act had

been overlooked and that the effect of that section was to give the landlord a fresh right of action against the tenant. We do not think that the

section bears this construction. It declares that a copy of the judgment shall be of the same force and effect as a Muchilika; the obligation would be

to pay rent in the Fasli to which the Muchilika relates, and under the judgment there can be no other obligation. It is an apparent hardship for the

landlord that he should after succeeding in compelling his tenants to accept puttahs be unable to recover his rent. But the landlord was at liberty to

institute suit before the other proceedings were concluded. His proper course was to file such a suit and if necessary to have the hearing adjourned

until the disposal of the other proceedings between him and the tenants. Following the decision of this Court we think the question referred must be

answered in the negative. We make no order as to costs.