when rent has accrued andnot been paid a debt arises between landlord and tenant.can it be recovered by suit for recovery of debt?drscpratihar
N.K.Assumi (Advocate) 07 September 2008
Yes its a debt as per section 59 of the Indian Contract act 1872.
prof s c pratihar ( urologist &legal studies) 08 September 2008
N.K.Assumi (Advocate) 09 September 2008
I welcome any crticism to my opinion, but what one says is not important but what the law says is important. I can only tell you to rely on section 59 to 61 of the Contract act, which speak about Appropriation of payments. As regard the citation of the Allahabad case kindly read again by yourself.Anything due and payable is debt to my understanding.
Guest (n/a) 11 September 2008
I am fully agree with Mr. N.K. Assumi. realy sir it is very huge difference in a lay man and lawman
prof s c pratihar ( urologist &legal studies) 12 September 2008
SIR , I HAVE GONE HPTHROUGH THE JUDGMENT. MR VIDYARTHI I REQUEST YOU TO GO THROUGH THE JUDGEMENT.I AM NOT A LAYMAN ONLY I CANT PRACTICE SINCE I AM PRACTISING MEDICINE.I APOLOGISE IF I HAVE INJURED YOUR SENTIMENT.IT IS A DEBT. THANKS TO MR ASSUMI. QUERY RESOLVED