SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1977 Supreme(SC) 228

P.N.BHAGWATI
Satti Krishna Reddy – Appellant
Versus
Nallamilli Venkata Reddy – Respondent


Advocates:
A.SUBBA RAO, G.S.Rama Rao

(1) THIS special leave petition is directed against the judgment of the Andhra Pradesh High court confirming an order of eviction passed against the petitioner. I do not see any reason to interfere With the Order passed by the High court, but there is one point to which I must refer) and that arises out of a decision of the Calcutta High court in Daya Debi v. Chapala Debi. That decision has taken the view that when a claim for arrears of rent is assigned by A to B, it loses the character of a claim for rent as Soon as it is assigned and it becomes merely an actionable claim. This view is, of course, not shared by most of the other High courts and even the Calcutta High court itself In other decisions has not accepted this view. It does appear to me that this view is not correct because it is difficult to see how a claim for arreara of rent ceases to be such when it is assigned by the owner when he transfers his properties to another. So far a¯ the tenant is concerned, the. amount remains payable by him to the successor landlord as arrears of rent because that is his own liability and it does not acquire any other character. And so also when the successsor landlord claims th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top