9911796707
TMI Blog1976 (4) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... red by limitation. The amount in question was therefore irrecoverable. This being the position, the appeal fails and is dismissed with costs. - C.A. 988 OF 1968 - - - Dated:- 20-4-1976 - A.C. Gupta and Jaswant Singh, JJ. For the appellant : Hardyal Hardy, B. P. Maheshwari, Suresh Sethi and Bikaramjit Nayar For the respondents : A. K. Sen, D. P. Bhandare, Mrs. Laxmi Arvind Mathur and S. S. Khanduja JUDGMENT Respondent Kalu Ram was pavement vendor in Connaught place, New Delhi. In 1950 the appellant. New Delhi Municipal Committee, provided a number of displaced persons with small pre-fabricated stalls to enable them to do their business. Kalu Ram who was also a displaced person was allotted one such stall on Irwin Ro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um as the claim was time-barred. The High Court accepted the contention and allowed the petition. In this appeal by certificate, the appellant, New Delhi Municipal Committee, questions the correctness of the High Court's decision. The only contention raised before us by Mr. Hardy appearing for the appellant is that the High Court was wrong in holding that the amount in question could not be recovered under section 7 because the time for instituting a suit to recover the sum had expired. Admittedly, any suit instituted on the date when the Estate Officer made his order under section 7(1) would have been barred by time. Mr. Hardy argued that the Limitation Act only barred the remedy by way of suit and did not extinguish the right, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... talment thereof payable under sub-section (2) within the time specified in the order relating thereto the estate officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue. As would appear from the terms of 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 prescribed for a suit to recover the amount did not apply to a proceeding under this section, the High Court was in error in upholding the respondent's objection. In support of his contention that a debt remained due though barred by limitation, Mr. Hardy rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of it. Thus the Estate Officer has to determine upon hearing the objection the amount of rent in arrears which is 'payable.' The word 'payable' is somewhat indefinite in import and its meaning must he gathered from the context in which it occurs. 'Payable' generally means that which should be paid. If the person in arrears raises a dispute as to the amount, the Estate Officer in determining the amount payable cannot ignore the existing laws. If the 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 arrears of rent, the determination must be in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
