- (1.) G. A. No. 101 of 2008 has been filed under Order 7 Rule 11 of the Code of Civil Procedure by the defendant No. 1 for rejection of the plaint on the ground of lack of pecuniary jurisdiction. 2005.
(2.) The only arrear rents which it would be entitled to is for 3 years prior to the filing of the suit, in 2006. The claim for the period May 1, 1982 to 2002 is barred by laws of limitation. On a calculation of the yearly rent payable as the amount does not exceed Rs. 10 lacs this Court lacks pecuniary jurisdiction to entertain the instant suit. Article 52 of the Limitation Act contemplates filing of suits for realisation of arrear rents within 3 years when the arrears became due. Reliance is placed on AIR 1966 SC 153 and 2006 (5) SCC 638.
(3.) The instant suit has been filed on 4th January, 2006 and 3 years prior thereto would be 4th January, 2003. Therefore, any claim on account of arrear rents for the period prior to December, 2002 is barred by laws of limitation and, therefore, the plaint be rejected.;