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1976 (4) TMI 210 - SC - Indian LawsWhether section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 could not be resorted to for recovery of the sum as the claim was time-barred? Held that:- Section 7 only provides a special procedure for the realisation of rent in arrears and does not constitute a source or foundation of a right to claim a debt otherwise time-barred. The word "payable" in section 7, in the context in which its occurs, means "legally recoverable." Admittedly a suit to recover the arrears instituted on the day the order under section 7 was made would have been barred by limitation. The amount in question was therefore irrecoverable. This being the position, the appeal fails and is dismissed with costs.
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