Article 52 state that a suit for arrears of rents would have to be presented within 3 years when the arrears become due - Tenant did not pay the rents from 01.08.2005 onwards - suit for recovery of money shall stand decreed for a period of three years from January 2013 till January 2016.

Citation 

2024-3-L.. 727

IN THE HIGH COURT OF JUDICATURE AT MADRAS

04.07.2024/S.A.No.437 of 2020

 V.Lakshminarayanan,J.

Kannagi Rajkumar & another...Appellants

...Vs...

K.V.Alagesan.             .... Respondent

Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree, dated 09.03.2020, made in A.S.No.19 of 2019 on the file of the learned Sessions (Fast Track Mahila) Judge at Namakkal in confirming the judgment and decree, dated 18.12.2018, made in O.S.No.280 of 2016 on the file of the Additional Sub Court at Namakkal.

Limitation act, Article 52

suit for recovery of money to be paid as arrears of rents from 01.08.2005 till the date of handing over possession whether maintainable                              ...para 7

possession had been taken over by plaintiff on 06.01.2016 Under Article 52 plaintiff could have gone back only by a period of three years in order to recover the rents.                                   ...para 17

Article 52 state that a suit for arrears of rents would have to be presented within 3 years when the arrears become due Tenant did not pay the rents from 01.08.2005 onwards, that does not mean that till the handing over of the possession on 06.01.2016, the limitationfor the suit stands postponed                   ...para 16

suit for recovery of money shall stand decreed for a period of three years from January 2013 till January 2016 ... para 21