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Supreme Court Of India

(From : 2003 (4) Patna LJR 462)

Hon'ble Judge(s): V. N. Khare, S. H. Kapadia , JJ

Bihar Buildings (Lease, Rent and Eviction) Control Act (4 of 1983) , S.11(1)(d)— Eviction - Default in payment of rent - Section 11(1)(d) providing ground for eviction and not for recovery of rent - Expression used in S. 11(1)(d) is "lawfully payable" and not "lawfully recoverable" - Suit for recovery of rent payable by tenant for period more than three years prior to institution of suit is barred by limitation - However, said limitation bars remedy of landlord to recover rent beyond period of three years prior to institution of suit and not suit for eviction on ground of defaults in payment of rent for period more than three years prior to institution of suit. Limitation Act (36 of 1963) , Art.52— Section 11 of the Rent Act deals with eviction of tenants. It begins with non obstante clause. It states that notwithstanding anything contained in any contract or law to the contrary no tenant shall be liable to be evicted except in execution of a decree passed by the Court on one or more of the grounds mentioned in S. 11(1)(a)(f). Section 11(1)(d) states that where the amount of two months' rent, lawfully payable by the tenant and due from him is in arrears by reason of non-payment within the time fixed by the contract or in the absence of such contract by the last day of the month next following that for which rent is payable then such default wo....