AIR 1951 CALCUTTA 251

Calcutta High Court

Hon'ble Judge(s): D. N. Das Gupta, G. K. Guha , JJ

(A) Limitation Act (9 of 1908) , Art.110, Art.116— Suit for rent against assignee of registered lease . Art.116 and not Art.110 applies. a Suit for recovery of arrears of rent against the assignee of a registered lease is governed by Art. 116 and not by Art. 110. The reason is that though the assignee's liability to pay rent to the lessor arises out of privity of estate, it is really based on the covenant to pay rent contained in the original registered lease which in law runs with the land and the suit for rent being in substance on the basis of such covenant Art. 116 which is the specific article will exclude the application of the general Art 110.(Para 10) Anno. Lim. Act, Art. 110, N. 5 Pt. 5; Art. 116, N.8. (B) Transfer of Property Act (4 of 1882) , S.108(j)— Liability of assignee from lessee to pay rent. The liability of an assignee from lessee to pay rent to lessor arises because of the privity of estate and, therefore, the assignee is not liable for the period prior to the date of assignment unless by some other clear contract he became so liable.(Para 7 12) Anno. t. p. Act, S. 108 (j), N. 4. (C....