Keshwala & Anor v Bhalsod & Anor

Keshwala & Anor v Bhalsod & Anor

Delay within the statutory six-month period for applying for relief from forfeiture does not constitute exceptional circumstances justifying refusal of relief; the judge erred by treating the issue as a general discretion and failing to apply the statutory guidance and relevant legal principles.

Parties
Claimant/appellant: Navit Savadas Keshwala; Claimant/appellant: Kiran Mahesh Sharma; Defendant/respondent: Sharda Bhalsod; Defendant/respondent: Jayshree Bhalsod
Jurisdiction
England and Wales
Judgment Date
04 September 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; relief from forfeiture granted.
Legal Topics
Relief From Forfeiture, Leasehold, Delay in Application, Equitable Discretion
Landlord and Tenant Equity Relief From Forfeiture Leasehold Delay in Application Equitable Discretion

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Parties

Navit Savadas Keshwala

Claimant/appellant

Kiran Mahesh Sharma

Claimant/appellant

Sharda Bhalsod

Defendant/respondent

Jayshree Bhalsod

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether delay in applying for relief from forfeiture within six months constitutes exceptional circumstances to refuse relief
  2. 2 Whether both tenants must apply for relief from forfeiture
  3. 3 Whether the judge exercised discretion correctly in refusing relief

Ratio Decidendi

Delay within the statutory six-month period for applying for relief from forfeiture does not constitute exceptional circumstances justifying refusal of relief; the judge erred by treating the issue as a general discretion and failing to apply the statutory guidance and relevant legal principles.

Court Disposition

Appeal allowed; relief from forfeiture granted.

Orders

  • Claim for relief from forfeiture is granted.
  • Appropriate provision to be made for terms upon which relief is granted.