Rajah Eswara Doss vs Venkataroyer on 16 August, 1897

JUDGMENT

1. Though by Section 43, Code of Civil Procedure, the landlord in circumstances such as these is precluded from suing for rent not included in his previous suit, this does. not preclude him from adopting any other remedy the law gives him to enable him to recover his rent, as for instance by distraint under the Rent Recovery Act.

2. We must, therefore, reverse the decree of both the lower Courts and dismiss the plaintiff’s suit with costs throughout.