.... Learned counsel for the petitioner submits that once arrears of rent has been claimed in the year 2006 and admitted also (as in this case), order for deposit of arrears of rent ...limitation for claiming arrears of rent u/s 15 of the Act is not applicable in a suit where arrears of rent is claimed in the suit itself. This Court took the said view on the gr...be made between the suit of one nature or the other for the purpose of deciding the period of limitation u/s 15 of the Act. Section 15 of the Act applies to the suit filed for eviction on all the ...

...section, it provides a summary procedure for the recovery of arrears of rent. It was argued that since Section 7 did not put a time-limit for taking steps under that section and as the limitation prescribe...Occupants) Act, 1958 create a right to realise arrears of rent without any limitation of time? Under Section 7 the Estate Officer may order any person who is in arrears of rent “...recovery of any amount is barred by the law of limitation, it is difficult to hold that the Estate Officer could still insist that the said amount was payable. When a duty is cast on an authority to determine the ...

...Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 refer to the period for which the arrears of rent are within limitation or they...barred by limitation ?2. The contention of the learned counsel for the appellant is that these words should be taken to refer only to such arrears of rent as are within limitation, ...) of the West Bengal Act are, “arrears of rent legally recoverable”. Under Section 14(4) the tenant is required to make deposit of the arrears of rent which would in the...

...The judgment of the High Court (1) is as follows:—This is a suit for arrears of rent under Act VIII (B.C) of ???. It has been dismissed by the Court of First Instance as ...??? “suits for arrears of rent shall be instituted within three ???” from certain specified dates, and like Act X of 1859, which ??? has replaced, contains no provisions for relaxing that term, ??? as are contained...the two Rent Acts being similar in providing for limitation in suits for the recovery of arrears of rent; nor does the mere fact that limitation for arrears of ...

...against the sub-tenant, that will not in any way improve the position.4. The next contention is that in a petition for eviction under S. 11(2) of the Act for arrears of rent the liability of...ground of arrears of rent, the tenant will have to deposit the arrears of rent with interest and cost of proceedings. It goes without saying that arrears of ...due from him as the tenant continues to owe the same to the landlord. Under S. 11(2)(c) also the tenant has to deposit the arrears of rent (not the arrears of rent not barred by ...

...it was last paid and also, subject to the law of limitation, the arrears of rent, if any, and the Court after giving opportunity to the parties to be heard, may make any order for deposit of ...earlier on the interpretation of Section 15 of the Act held that (1) the Court could order payment of arrears of rent even for the period prior to the institution of the suit for eviction...adding the aforesaid expressions in Section 15, the purpose and object of the provision, I hold that Section 15 of the Act empowers the Court to pass an order for arrears of rent even prior to the institut...

...move an application at any stage of the suit for an order on the tenant to deposit rent month by month at the rate at which it was last paid and also subject to the law of limitation, the arrears ...after the institution of the suit, if any, and thereafter provides “on failure of the tenant to deposit the arrears of rent within 15 days of the next following month the court shall order the...defence against the ejectment to be struck off “. Therefore, there is a duty cast on the court to strike out the defence if there is a failure of the tenant to deposit arrears of rent within 15 days. In...

...1990 Pat 107) (supra) in support of this submission. Secondly, he contended that deposit of arrears of rent is subject to law of limitation and the period of ...other hand, combated the aforesaid propositions and contended that the provision of Section 15 of the Act empowering the Court to direct the tenant to deposit the arrears of rent even for the period prior .... He also contended that in a suit where arrears of rent is also claimed as one of the reliefs in the suit then after filing of the suit the running of limitation for the said relief rema...

...time for making deposit of arrears of rent, the provisions of the Limitation Act and, in particular, Section 5 thereof, would also be applicable.14. Yet another decisio...) is also of little help to the petitioner since under the West Bengal Premises Tenancy Act, 1956, powers have been vested in the Rent Controller to extend the time for making deposits of arrears of .... By his said order the Rent Controller dismissed the petitioner's application under Section 5 of the Limitation Act for condoning the delay in filing the application for leave to contest the eviction...

...Sec. 13(4) of the Rajasthan premises (Control of Rent and Eviction) Act, 1950 refer to the period for which the arrears of rent are within limitation or they re...barred by limitation?2. The contention of the learned consel for the appeallant is that these words should be taken to refer only to such arrears of rent as are within limitation, a...he is in arrears of rent, can avoid ejectment under S. 13(4) by depositing in Court or paying to the landlord the arrears of rent (whether they are whith in or outside the period of ...

...Controller and the High Court, submitted the learned counsel, erred in holding the arrears of rent from the date of Ext. P-1 till September 1989 to be barred by limitation.4...arrears of rent legally recoverable within two months of the service of notice of demand, claiming the arrears of rent, on the tenant by the landlord. It may be pointed ...recover only that much of the arrears of rent for which she can sue in a court of law. For recovery of arrears of rent Article 52 of the Limitation Act...

...the impugned judgment dated 17-12-1997, three Hon'ble Judges of the High Court held that Section 5 of the Limitation Act is applicable where there is default in deposit of arrears of rent...rent month by month at the rate at which it was last paid and also subject to the law of limitation, the arrears of rent, if any, and the court after giving an opportunity to the parties to be hea...Judgment1. As regards applicability of Section 5 of the Limitation Act, 1963 in the matter of default in deposit of rent as also interpretation ...

...Eviction) Control Act, 1982 (hereinafter referred to as the Act) vests power in the court to order for payment of current rent as well as arrears of rent subject to the law of ...by the landlord, the landlord can then file an application under Section 15 of the Act for issue of direction by the court to tenant asking him to deposit arrears of rent subject to the law of ...that the suit was instituted on 12.12.2014. The petitioner filed petition under Section 15 of the Act for direction to the respondent/tenant for payment of arrears of rent as well as current rent....

...taken the view that the expression “rent due” in contradistinction with the words “rent legally due” or “rent recoverable” or the “arrears of rent within the period of limitation...obligation of the tenant to pay or tender the rent extends to depositing all the arrears of rent without regard to the period of limitation. This view finds support from a decision ...month excluding water and electricity charges. The tenants neither paid nor tendered the arrears of rent from 1-3-1985. There was a civil litigation relating to partition of joint family properties...

...subject to section 14(1). Section 14(1) says that the arrears of rent are legally payable. Therefore where arrears of rent are mentioned in section 14(4), they are arrears of ...order of the learned Munsif will be set aside and the case will go back to him for determining, under section 14(4), the amount of rent in arrears legally payable, deciding what part of it, if any, is barr...1. This rule was issued at the instance of a tenant. The landlord sued for arrears of rent as well as for ejectment. Rent was in arrears from October, 1947, to June, 1952, according to ...

...narrow sense as to whether the 3rd respondent can direct to pay arrears of rent for many years without any particulars and beyond the period of three years provided under the law of limitation. 8....proviso therein and contended that even in the eviction proceedings the authorized officer shall not direct the tenant to deposit such arrears of rent which became time barred under the law of limitation. ...further relied upon Article 52 of the Limitation Act, 1963 and contended that the limitation provided for recovery of arrears of rent is 3 years when the ...

...stage of the suit, the court may direct the tenant to deposit arrears of rent subject to law of limitation, as well as month to month rent at a rate at which it was last paid....1. This civil revision by the defendant-tenant is directed against order dated 11.3.97 passed by the Munsif, Saharsa, in Title Suit No. 75 of 1992, directing the petitioner to deposit rent...under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short, the Act).2. Section 15 of the said Act provides that on application by the landlord at any...

...Manju Goel, J.— This is a case to decide the preliminary issue on the question of limitation and pecuniary jurisdiction.2. The suit is for ejectment, recovery of arrears of ...payment of rent. Thereafter, tenancy was again terminated vide notice of termination dated 7-11-2005. Arrears of rent/mesne profit is claimed with effect from 1-11-2000 to 30-11-2005 at the rate ...52 of Schedule to the Limitation Act prescribes as under:—“Description of suit Period of limitation Time from which period begins to run 52. For arrears of ...

...1. The question raised in this appeal is whether the plaintiff, suing for arrears of rent, and having been a minor at the time when one portion of the arrears accrued due, is entitled to the be..., under which this suit was brought, because that Act provides a special period of limitation for suits brought to recover arrears of rent, and the schedule to the Limitation Act provides...that in certain other cases, not for arrears of rent, but still as to which special limitation was provided by other Acts, the plaintiff was entitled to the benefits conferred upon plaintiffs by...