LALCHAND NANCHAND GUJAR Vs. NARAYAN HARI

JUDGEMENT

(1.) This was a suit brought in July 1910 for arrears of rent falling due under registered leases the due dates being the 5th April 1905, 25th March 1906 and the 13th April 1907.

(2.) If Article 110 of the Schedule to the Limitation Act, which specifically provides for suits for arrears of rent, applies the sue is barred. If, however, Article 116 is comprehensive enough to cover such a suit the claim is within time. The lower Court have followed a decision of Mr. Justice Burkitt at Allahabad Ram Narain v. Kamta Singh (1903) I.L.R. 26 All. 138, and holding that Article and not 116 applies have dismissed the suit.

(3.) If the matter were rest Integra we should take the same view as Mr. Justice Burkitt, but having regard to the long series 0 authorities to the contrary effect, and the fact that the Legislature in re-enacting and amending the Limitation Act in 1908 has made no alteration in the Article 116 which had been interpreted generally by the Indian High Courts in the most comprehensive sense, we are unable to hold that Article no is applicable.