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Under a lease for 2000–2010 with monthly rent falling due on the tenth day of each month, the tenant pays no rent from the start of the lease, and the landlord sues in 2011 claiming arrears for…

Question and options

Under a lease for 2000–2010 with monthly rent falling due on the tenth day of each month, the tenant pays no rent from the start of the lease, and the landlord sues in 2011 claiming arrears for 2005–2010 only. Assume no acknowledgment, payment, disability or other extension or exclusion of limitation. Which statement is correct?

  1. The landlord can recover the 2000–2004 arrears merely by filing a new suit after the 2011 suit.

  2. An amendment necessarily revives all arrears already time-barred when suit was filed.

  3. Ordinarily only instalments falling due within three years before institution are within limitation.

  4. Omitting the 2000–2004 arrears destroys every claim for later rent.

Answer and explanation

Correct answer: C - Ordinarily only instalments falling due within three years before institution are within limitation.

Article 52 of the Limitation Act, 1963 prescribes three years from the date each rent arrear becomes due. Instalments must be tested separately against the institution date; the whole six-year demand is not automatically recoverable.

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