Harish Tandon, J. - (1.) This is an application under Chapter XIIIA of the Original Side Rules for summary judgement.
(2.) Before proceeding to deal with the respective cases of the parties, the scope under the aforesaid provisions should be reminded. Rule 1 of Chapter XIIIA of the Original Side Rules clearly provides the applicability of the provisions relating to a particular nature of suit, which is clearly discernible from the language used therein. It would be apt to quote the said provision which is set out here-in-below:- "1. Nature of cases in which applicable.-The provisions of this Chapter shall not be applicable save to suits,- (A) in which the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant with or without interest arising- (i) on a contract express or implied; or (ii) on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or (iii) on a guarantee where the claim against the principal is in respect of a debt or a liquidated demand only; or (iv) on a trust, or"
(3.) There is no ambiguity to say that the suit for recovery of immovable property with or without a claim of rent or mesne profits at the instance of the landlord against the tenant either on expiration of a term or on determination of the tenancy by a notice to quit or on the ground of forfeiture for non-payment of rent are incorporated and included within the aforesaid provisions.;