AIR 1983 KARNATAKA 1 ::1982 (1) KantLJ 475 ::ILR (1982) 1 Kant 772

Karnataka High Court

Hon'ble Judge(s): N. D. Venkatesh , J

(A) Civil P.C. (5 of 1908) , O.37 R.1(2)(b)(i)— Summary suit for recovery of rent under lease deed - Suit is maintainable. A suit for arrears of rent due by the tenant under the terms of a lease deed is a suit for a debt "arising on a written contract" within the meaning of O.37, Rule 1 (2)(b)(i). The merger of the contractual terms and obligations agreed upon in the lease deed is a merger, if any, only in a limited sense. It does not wholly obliterate the terms and conditions of the lease. Failure to pay rent will give rise to a cause of action to the landlord to claim rent and that claim should be taken as having arisen, out of the stipulation made in the contract between the parties and this is an obligation arising under the contract. Unless there is that privily of contract the landlord cannot enforce that claim against the tenant.(Para 10 12(a)) A claim for arrears of rent arising under a written lease is covered in clause (b) (i) of sub-rule (2) of Rule 1 of Order XXXVII. Hence, the suit flied by the plaintiff under Order XXXVII C.P.C. was held maintainable, AIR 1915 All 97, Ref. to.(Para 14) (B) Civil P.C. (5 of 1908) , O.37 R.3(7)— Delay in applying to defend a summary suit can be condoned for sufficient cau....