Rent which should not have been paid may be recovered

Where sum has been paid which sum is by reason of the provisions of this Act not payable, such sum shall, at any time within a period of one year after the date of the payment, or in the case of payment made before the commencement of this Act within one year after the appointed day, be recoverable by the tenant by whom it was paid or his legal representative from the landlord who received the payment or his legal representative, and may, without privilege to any other method of recovery, be deducted by such tenant from any rent payable within such one year by him to such landlord.

Explanation.-In this section, the expression "legal representative" has the same meaning as assigned to it in the Code of Civil Procedure, 1908 (5 of 1908) and includes also, in the case of joint family property the joint family of which the deceased was a member. The Controller, in accordance with the provisions of sub-section (4) of section 21, shall order the amount of rent deposited to be paid to the landlord or persons entitled to the rent either in cash or by cheque.