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april 1976

Supreme Court of India · 1976-04-20

NEW DELHI MUNICIPAL COMMITTEE vs KALU RAM & ANR.

Citation / case number
SC 1968/60250
Court
Supreme Court of India
Petitioner
NEW DELHI MUNICIPAL COMMITTEE
Respondent
KALU RAM & ANR.
Bench
GUPTA, A.C.

Judgment text excerpt

The Supreme Court held that the New Delhi Municipal Committee could recover arrears of rent under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, despite the claim being time-barred under the Limitation Act. The Court established that while the Limitation Act bars the remedy of a suit, it does not extinguish the right to recover dues through a special statutory provision. The High Court's decision to disallow recovery based on the time-bar was overturned, affirming the appellant's right to recover the dues.

NEW DELHI MUNICIPAL COMMITTEE vs KALU RAM & ANR. · Niyam