Limitation for rent recovery under the Mysore Land Reforms Act runs from end of June after the rent year expires.

An application for recovery of rent under the Mysore Land Reforms Act, 1961 is within limitation if filed within one year from the end of June next after the expiry of the rent year. Section 42(4) treats the recovery application as a suit for arrears of rent and prescribes the one-year limitation period, while Section 22 and its Explanation indicate that a tenant is deemed to have failed to pay only if payment is not made before the end of June following that year. Read together, these provisions mean the cause of action arises at the end of June, and the recovery application is timely if filed within one year thereafter.

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Issues: Whether an application for recovery of rent under the Mysore Land Reforms Act, 1961 is within limitation when filed within one year from the end of June next after the expiry of the year for which rent is claimed.

Analysis: Section 42 of the Act bars recovery proceedings except as provided therein, and sub-section (4) deems an application for recovery of arrears of rent to be a suit for arrears of rent for the purpose of the Limitation Act, 1963, while prescribing a one-year period. The Act makes rent payable annually, but Section 9 deals only with rent payable as a share of gross produce and does not fix the date for cash rent. Section 22 and its Explanation are material because a tenant is deemed to have failed to pay rent for any year only if payment is not made before the end of June next after the expiry of that year. Reading the provisions together, the rent becomes due by the end of June, and the cause of action for recovery arises then. A contrary construction would create difficulty and inconsistency between recovery and eviction proceedings based on the same default.

Conclusion: The limitation period runs from the end of June next after the expiry of the year, and the application filed on 7 February 1969 for rent of 1967-68 was within time.

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