MANOJ JAIN Vs. RAJESH KUMAR

JUDGEMENT

(1.) This is landlords' revision petition challenging the impugned order dated 30.04.2013 whereby prayer of the petitioner-landlords to strike-off the defence of respondent-tenants, on the ground that the tenants have failed to tender arrears of rent beyond the period of three years i.e. with effect from 01.02.2005 upto 31.08.2006, has been dismissed.

(2.) After noticing the contentions raised on behalf of the petitioner-landlords, this Court passed the following order on 17.07.2013:

(3.) Learned counsel for the petitioners has vehemently argued that Limitation bars the remedy but does not extinguish the right which still exists and the arrears of rent are still due and the term 'due' as used under Order XV Rule 5 of the CPC has no reference to the time of payment or fulfillment of an obligation, thus, bar under Section 13(2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as, 'the Rent Act') to claim rent for more than 3 years shall not be applicable for the purpose of striking off the defence of tenants.