Time-barred rent arrears can still found eviction where rent remains lawfully payable and in default.

Rent arrears that are time-barred for recovery may still support eviction under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, because the provision requires rent that is "lawfully payable" and in arrears, not rent that is "lawfully recoverable." Limitation bars a money suit for recovery, but it does not extinguish the underlying liability to pay or prevent the landlord from relying on the tenant's default as a ground for eviction. The time-bar argument was therefore rejected, and the eviction decree was upheld.

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Issues: Whether a landlord can sustain an eviction decree under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 on the basis of rent arrears that were time-barred for recovery because they related to a period more than three years before the suit.

Analysis: Section 11(1)(d) speaks of rent that is "lawfully payable" and in arrears, not of rent that is "lawfully recoverable". The provision creates a ground for eviction on default in payment of rent. The bar of limitation only prevents recovery of the rent through the court process; it does not extinguish the liability to pay or prevent the landlord from relying on the default as a ground for eviction. A time-barred debt may not be recoverable as a decree for money, but it remains lawfully payable, and the default can satisfy the statutory requirement for eviction.

Conclusion: The contention that the eviction suit was not maintainable because the arrears fell beyond three years was rejected. The eviction decree was upheld, and the special leave petition was dismissed.

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