BHAGAT PANJU RAM AND ORS. Vs. RAM LAL

JUDGEMENT

(1.) CERTAIN premises, situate in the town of Rohtak wore given on lease by its owner Bhagat Panju Ram to Ram Lal on a monthly rent of Rs. 110. On 1st of August, 1961, Ram Lal paid to the landlord Rs. 660 on account of rent for six months for the period 5th July, 1961 to 5th January, 1962. On 16th of January, 1963, Bhagat Panju Ram filed an application under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter called the Act) against Ram Lal for his ejectment on the ground of non -payment of the arrears of rent from 6th of July, 1961 to 16th January, 1963. It was the case of Bam Lal that but of the period in dispute he had already made payment, on 1st of August 1961, for six months from 5th July, 1961 to 5th January, 1962, but fearing that he might be ejected, he, on the first date of hearing of this ejectment petition, i.e., 28th of January, 1963, paid Rs. 2,205 which covered the rent for the entire period from 6th July, 1961 to 16th January, 1963. After the said payment, the ejectment petition was dismissed. On 21st of March, 1964 Ram Lal brought a suit against Bhagat Panju Ram for the recovery of Rs. 720, Rs. 660 on account of the rent from 5th July, 1961 to 5th January, 1962 which had been recovered twice over by the Defendant, and Rs. 60 which had been paid by him to the Defendant on account of other expenses on 1st August, 1961.

(2.) THE suit was contested by the Defendant on a number of pleas, but in this revision petition, we are only concerned with one of them, namely, that the suit was barred by limitation. The trial Judge decided the issue of limitation in favour of the Defendant and dismissed the suit. According to him, the suit could have been filed within six months from the date of the payment of the excess amount which was made on 28th January, 1963 under Section 8 of the Act. The suit having been instituted on 21st March, 1964 was thus clearly barred by time. Reliance was placed by the learned Judge on a decision of Fal?haw, C.J. in Dhani Ram and Ors. v. Pt. Ghasita Ram, 1963 P.L.R. 295, in which it was laid down that where a tenant sought to recover rent illegally paid either by deduction from such rent or by separate action, he must do so within six months from the date of payment.

(3.) IT may be mentioned that during the pendency of the revision petition in this Court, Bhagat Panju Ram died and his legal representatives had been brought on the record in his place.