Law: Limitation Act, 1908

Section: 110

Law: Limitation Act, 1908

Section: 110

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 9

Limitation Act (IX of 1908)-------Art. 110---Sindh Rented Premises Ordinance (XVII of 1979), S.9---Suit for recovery of arrears of rent---Limitation, computation of---Suit of landlord/plaintiff was dismissed on ground that the same had become barred by time---Contention of the landlord/plaintiff inter alia, was that time should be computed from when the first regular appeal of the landlord, for in relation to a suit for fixation of fair rent, was decided---Validity---Contention of the plaintiff/landlord had no force since section 9 of the Sindh Rented Premises Ordinance, 1979 provided that once the time had begun to run, then no subsequent inability to sue will stop it under Art.110 of the Limitation Act, 1908 the period of limitation for claiming arrears of rent was three years from "when the arrears become due", and the word "due" meant the date on which the rent became payable---Last rent, in the present case, was outstanding for the month of October, 1998, and as per tenancy agreement, time available for the plaintiff for claiming the rent for the said month expired on 15-11-1998 and therefore, as per Art.110 of the Limitation Act, 1908, suit for recovery of arrears of rent should have been filed within three years by November, 2001, but the same was filed on 20-7-2002, and was therefore, barred by time---Revision was dismissed, in circumstances. PLD 1972 Kar. 273 distinguished. PLD 1990 SC 681; PLD 2003 Kar. 523; 2007 CLD 1456 and 1996 CLC 348 ref. Mst. Saba and another v. Mrs. Patricia and 2 others 1996 CLC 348 and Anwarul Haq v. Messrs Standard Eastern Inc. 1988 MLD 1170 rel. Zahid Hussain for Applicant. Mirza Sarfraz Ahmed for Respondent. Date of hearing: 15th November, 2012. ORDER AFTAB AHMED GORAR, J.--- Through this Civil Revision Application the applicant State Life Insurance Corporation of Pakistan has impugned Judgment dated 29-4-2009 passed by learned VIth Additional District Judge, Karachi South thereby dismissing Civil Appeal No.141 of 2007 and upholding the Judgment and Decree dated 20-8-2007 passed by VIIth Senior Civil Judge, Karachi South whereby Suit No.701 of 2002 filed by the applicant was dismissed. Precisely the facts, relevant for the…

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