AIR 1955 JAMMU AND KASHMIR 36

Jammu And Kashmir High Court

Hon'ble Judge(s): Jia Lal Kilam, M. A. Shahmiri , JJ

Limitation Act (9 of 1908) , Art.36, Art.116— Tort arising as result of breach in terms of contract - Article applicable - Bar of suit under S.28, Exception 1, Contract Act. AIR 1926 Sind 209 and AIR 1929 Sind 55, Dissented from. Contract Act (9 of 1872) , S.28 Exception 1— AIR 1926 Sind 209 and AIR 1929 Sind 55, Dissented from. Article 36 will apply only if the malfeasance etc., is independent of contract. If it is not independent of contract, the Article has no application. A tort may certainly arise independent of contract but it can also arise as a result of a breach in the terms of a contract. Thus where the Government undertook to return the leased property in the same condition in which it was received, with all damage repaired, if such damage was caused by an act of their own negligence or that of their servants and the lease deed also made a provision for reference to arbitration in case of disputes and differences arising between the parties, and the houses leased having caught fire and completely gutted due to wilful negligence of Government servants, the lessor claimed compensation: Held that the acts complained of were not independent of contract and as such Art.36 could not be made applicable and the only other Article which would apply would be Art.115. AIR 1926 Sind 209 and AIR 1929 Sind 55, Dissented from, Chita....