Skip to content


Narayana and ors. Vs. Kashappaya and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.526
AppellantNarayana and ors.
RespondentKashappaya and anr.
Cases ReferredAppayya Shetty v. Mahammade Beari
Excerpt:
landlord and tenant - rent, payment of--days of, grace--forfeiture on non-payment--court, power of, to relieve against forfeiture. - - this case and the earlier cases and the later cases in this court as well as english cases were exhaustively reviewed in appayya shetty v.srinivasa aiyangar, j.1. it is argued that if days of grace are allowed for payment of the rent, courts have no jurisdiction to relieve the tenant from a proviso for re-entry on non-payment of rent, and the decisions in narayana kamti v. handu shetty 15 m.l.j. 210 and naraina naika v. vasudeva bhatta 15 m.l.j. 208 and adiraya shetty v. billa tyampu (1910) m.w.n. 419 are relied on. this case and the earlier cases and the later cases in this court as well as english cases were exhaustively reviewed in appayya shetty v. mahammade beari 30 ind. cas. 596, and the conclusion was arrived at that the court has jurisdiction to relieve against forfeiture in all proper cases, whether days of grace are allowed or not. i respectfully agree. in this case it is impossible to say that the lower courts.....
Judgment:

Srinivasa Aiyangar, J.

1. It is argued that if days of grace are allowed for payment of the rent, Courts have no jurisdiction to relieve the tenant from a proviso for re-entry on non-payment of rent, and the decisions in Narayana Kamti v. Handu Shetty 15 M.L.J. 210 and Naraina Naika v. Vasudeva Bhatta 15 M.L.J. 208 and Adiraya Shetty v. Billa Tyampu (1910) M.W.N. 419 are relied on. This case and the earlier cases and the later cases in this Court as well as English cases were exhaustively reviewed in Appayya Shetty v. Mahammade Beari 30 Ind. Cas. 596, and the conclusion was arrived at that the Court has jurisdiction to relieve against forfeiture in all proper cases, whether days of grace are allowed or not. I respectfully agree. In this case it is impossible to say that the lower Courts have not properly exercised their discretion. I think that this appeal fails and must be dismissed with costs.

Napier, J.

2. I agree.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //