PRITHVICHAND RAM CHAND SABLOK versus S.Y. SHINDE

PRITHVICHAND RAM CHAND SABLOK versus S.Y. SHINDE

A clause in a consent decree providing a concession to the tenant to avoid eviction upon payment of arrears by a specified date is not penal; relief against forfeiture under Section 114 of the Transfer of Property Act does not operate where Section 12(3) of the Bombay Rents Act applies. The decree is executable if the tenant fails to avail the concession.

Parties
Appellant: Prithvichand Ram Chand Sablok; Respondent: S.Y. Shinde
Jurisdiction
India
Judgment Date
13 May 1993
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court
Outcome
Appeal allowed
Legal Topics
Eviction, Consent Decrees, Relief Against Forfeiture, Penalty Clauses, Rent Control
Landlord Tenant Law Contracts Civil Procedure Eviction Consent Decrees Relief Against Forfeiture Penalty Clauses Rent Control

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Parties

Prithvichand Ram Chand Sablok

Appellant

S.Y. Shinde

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court

Legal Issues

  1. 1 Whether the terms of compromise in a consent decree providing for eviction are penal or operate as concession
  2. 2 Whether Section 114 of the Transfer of Property Act, 1882, can be invoked in execution of decrees governed by Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Ratio Decidendi

A clause in a consent decree providing a concession to the tenant to avoid eviction upon payment of arrears by a specified date is not penal; relief against forfeiture under Section 114 of the Transfer of Property Act does not operate where Section 12(3) of the Bombay Rents Act applies. The decree is executable if the tenant fails to avail the concession.

Court Disposition

Appeal allowed

Orders

  • Set aside the orders of the First Appellate Court and High Court
  • Remit the matter to the executing court to proceed in accordance with law