Transfer Of Property Act, 1882
114. Relief against forfeiture for non-payment of rent.—
Where a lease of immoveable property has determined by forfeiture ... non-payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders
tenancy the rent is payable for month to
month, the rent for each month becoming due in the subse-
quent month, non-payment of that ... non-payment ' of
rent and as empowering the Controller to determine as to
whether irregular payment of rent amounts to non-payment of
rent
relief against forfeiture for non-payment of rent on payment of the en- ' "Sire arrears of rent together with interest thereon with full ... case of irregular payment rather than one of non-payment. It may be noticed that non-payment of rent is Hot specifically given in Section
cure the ground of non-payment of rent even after filing of the suit though only on payment of rent, arrears, interest and costs ... non-payment succeeds, the landlord would be entitled to a decree on the basis of the ground of non-payment of rent without the tenant
rent about non-payment of one year's lease-money not amounting to default in payment of rent is misconceived. Reliance was placed ... tenancy for non-payment of rent is regarded by the Courts as merely a clause for securing payment of rent, and unless the tenant
tenant in the absence of a definite allegation of non-payment of rent by the landlords is under an obligation to pay or tender ... rent. Obviously, when no demand of rent has been made from the sub-tenant (petitioner) then to eject him for non-payment of rent certainly
tenancy for non-payment of rent is regarded by the courts as merely a clause for securing payment of rent, and unless the tenant ... tenancy for non-payment of rent is regarded by the courts as merely a clause for securing payment of rent.
(ii) It has been held
recovery of
rent which accrued pendente lite. Whatever protection Rent
Acts give, they do not give blanket protection for "non-
payment of rent ... eviction. The
Court held :
"In case of non-deposit or non-payment of rent
by the tenant, Section 13(6) vests a
discretion
necessary for the determination
of a lease for non-payment of rent even where such lease was
executed before the coming into force ... tenant's rights had ceased by
forfeiture for non-payment of rent. Defendant No. 1 through
his pleader sent a notice to Vinayakbhat
Section 114, which deals with relief against forfeiture for non-
payment of rent, reads as follows:-
“114. Relief against forfeiture for non-payment of
rent ... tenancy for non-payment
of rent is regarded by the courts as merely a clause for
securing payment of rent, and unless the tenant
