JHURAI LAL Vs. VTH ADDL DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) What is the nature of arrears of rent? Should it be transferred only along with transfer deed? Does its transfer require registration? These are the questions involved in the present writ petition. This is how these questions arise. FACTS

(2.) Petitioner is a tenant at the rate of Rs. 8.50. Initially one Ram Singh was owner and landlord of the premises in dispute. He transferred the property in dispute on 14.12.1981 in favour of present respondent No. 3 (plaintiff). He also executed an agreement on 18.1.1982 assigning the right to realise arrears of rent to the plaintiff since 1976. Respondent No. 3 sent a notice dated 19.1.1982, which was served on the petitioner on 14.2.1982 demanding the arrears of rent from December, 1976 and terminating his tenancy. According to the petitioner, he paid the rent till December, 1981 to the previous owner Ram Singh and thereafter he sent a money order for the remaining period to the plaintiff. This was refused by the plaintiff; on the pretext that entire arrears of rent have not been sent. Subsequently plaintiff filed a suit for eviction on the ground of arrears of rent. The trial court by its order dated July 17, 1984 held that : -- the notice terminating the tenancy was valid ; the entire rent from December, 1976 is due and no rent has been paid to Ram Singh previous owner : -- the right to realise arrears of rent has been assigned to the present plaintiff by the agreement dated 8.1.82 (Ext. 2); -- neither the rent has been paid nor the amount has been deposited under Section 20 (4) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). In view of the finding the suit was decreed. Petitioner's revision was dismissed by the Vth Additional District Judge, Jhansi, on August 7, 1984. Hence the present writ petition for quashing of these orders. Points for determination

(3.) I have heard counsel for the parties. Following points arise for determination : (i) Was rent due from December, 1976? (ii) Can arrears of rent be transferred? Can it be done by a separate deed? (iii) In case of transfer, does it remain arrears of rent or is it a debt? What is its nature? Does transfer of actionable claim require registration? 1st Point From What Date Rent Is Due?