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1 - 7 of 7 (0.22 seconds)The Transfer Of Property Act, 1882
Section 1 in The Transfer Of Property Act, 1882 [Entire Act]
The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Section 4 in The Transfer Of Property Act, 1882 [Entire Act]
Namdeo Lokman Lodhi vs Narmadabai And Others on 27 February, 1953
Failure to avail themselves of the opportunity does not
operate as a bar to the jurisdiction of the Appellate Court.
The Appellate Court may, having regard to the conduct of the
tenant, decline to exercise its. discretion to grant him
relief against forfeiture. The question is not one
of..jurisdiction but of discretion. This Court in Namdeo
Lokman Lodhi v. Narmadabai and others(1) has observed at p.
1025 :
Bhagwant Rambhau Khese vs Ramchandra Kesho Pathak on 13 March, 1952
The High Court of Bombay in cases
arising under the Bombay Rents, Hotel and Lodging House
Rates Control Act, 1947, has also expressed the same opinion
in Bhagwant Rambhau Khese v. Ramchandra Kesho Pathak(5).
We do not think that there is any bar to the exercise of
jurisdiction by the appellate court merely because in the
Court of First Instance relief against forfeiture was
claimed by the tenants and they failed to avail themselves
of the opportunity of paying the amount of rent together
with interest thereon and costs of the suit.
(1) A.I.R. 1949 Mad. 841. (2) A.I.R. 1958 Mad. 232.
(3) I.L.R. 1944 Nag. 877. (4) 1963 A.L.J. 132.
(5) A.I.R. 1953 Bom. 129.
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