PRADUMAN KUMAR versus VIRENDRA GOYAL (DEAD) BY L. RS.

PRADUMAN KUMAR versus VIRENDRA GOYAL (DEAD) BY L. RS.

Appellate Court has jurisdiction to grant relief against forfeiture under s. 114 of the Transfer of Property Act; failure to avail opportunity in Trial Court does not bar relief. Discretion was properly exercised by lower courts in favour of tenants, given valuable constructions and excess deposit.

Parties
Appellant: Praduman Kumar; Respondent No. 1: Virendra Goyal (Dead) by L. Rs.; Respondent No. 2: Lala Hukam Chand
Jurisdiction
India
Judgment Date
11 March 1969
Procedural Posture
Civil Appeal / Appeal Before Supreme Court by Special Leave
Outcome
Appeal dismissed
Legal Topics
Relief Against Forfeiture, Lease Forfeiture, Jurisdiction Under S.114 Transfer of Property Act
Property Law Relief Against Forfeiture Lease Forfeiture Jurisdiction Under S.114 Transfer of Property Act

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Parties

Praduman Kumar

Appellant

Virendra Goyal (Dead) by L. Rs.

Respondent No. 1

Lala Hukam Chand

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal Before Supreme Court by Special Leave

Legal Issues

  1. 1 Whether the jurisdiction under s. 114 of the Transfer of Property Act to relieve against forfeiture can only be exercised by the Trial Court or also by the Appellate Court
  2. 2 Whether failure to avail opportunity in Trial Court bars relief in appeal
  3. 3 Whether discretion was properly exercised in granting relief against forfeiture

Ratio Decidendi

Appellate Court has jurisdiction to grant relief against forfeiture under s. 114 of the Transfer of Property Act; failure to avail opportunity in Trial Court does not bar relief. Discretion was properly exercised by lower courts in favour of tenants, given valuable constructions and excess deposit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.