Narendra Lal Khan vs Sarat Chandra Bhattacharjee

The provisions of cl. (c) of sec. 169 of the Bengal Tenancy Act are quite clear. They are -- "If there remains a balance after these sums have been paid there shall be paid to the decree-holder therefrom any rent which may have fallen due to him in respect of the tenure or holding between the institution of the suit and the date of the confirmation of the sale". If the amount claimed by the landlord is any part of the arrears between the institution of the suit and the date of the confirmation of the sale he is clearly entitled to it. It is true that the tenant could under sub-sec. (2) dispute the decree-holder''s right to receive any sum on account of rent under cl. (c). But that must be upon the ground of payment or satisfaction in any other way. The legislature could not have meant to apply the limitation provisions of the Sch. III, Art. 2, to the express provisions of cl. (c) of the section, because the limitation only provides for suits and not for applications of this kind.