NAMDEO LOKMAN LODHI versus NARMADABAI AND OTHERS

NAMDEO LOKMAN LODHI versus NARMADABAI AND OTHERS

Section 111(g) of the Transfer of Property Act, requiring a written notice by the lessor to determine the lease for non-payment of rent, as amended in 1929, does not apply to leases made before April 1, 1930, as it is not founded upon any principle of justice, equity or good conscience; and, habitual default by the tenant and repeated relief preclude further equitable relief against forfeiture.

Parties
Appellant: Namdeo Lokman Lodhi; Respondents: Narmadabai and Others
Jurisdiction
India
Judgment Date
27 February 1953
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment in Second Appeal
Outcome
Appeal dismissed
Legal Topics
Lease, Forfeiture, Notice of Determination, Relief Against Forfeiture
Property Law Lease Forfeiture Notice of Determination Relief Against Forfeiture

Case Brief

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Parties

Namdeo Lokman Lodhi

Appellant

Narmadabai and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Is notice in writing under section 111(g) of the Transfer of Property Act required to determine a lease for non-payment of rent where the lease was executed before the Act came into force?
  2. 2 Should relief against forfeiture for non-payment of rent be granted in the circumstances of habitual default?

Ratio Decidendi

Section 111(g) of the Transfer of Property Act, requiring a written notice by the lessor to determine the lease for non-payment of rent, as amended in 1929, does not apply to leases made before April 1, 1930, as it is not founded upon any principle of justice, equity or good conscience; and, habitual default by the tenant and repeated relief preclude further equitable relief against forfeiture.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with costs.