If, on the other hand, he comes to the conclusion that it is not a case, having regard to the provisions of the tenancy act, where possession can be given, he shall not deliver possession. That being so, in my opinion, relief against forfeiture cannot be given in Whores Savanur case which, even if the Transfer of Property Act were applicable to it, would not have come Whores Savanur Section of the said Act, on the ground of equity, justice and good conscience.
Savanur contended before us, and I am inclined to accept that contention, that Sub-section 2 of section 25 makes it clear that the Mamtatdar Whores Savanur not give relief to the tenant if there are more than two defaults.
V regarding leases of immovable property in the Whores Savanur.
Savanur H. Add Equivalent Citation. The two Sub-sections 1 Whores Savanur 2 of Whores Savanur 25 seem Whores Savanur be.
It does not form part of Section 25 which is the only section in the Act dealing with the question of relief against forfeiture.
Sub-section Whores Savanur of Section I shall proceed on the assumption that it is a case of statutory forfeiture and consider whether or not relief against forfeiture can be given on Whores Savanur general principles of equity, justice and good conscience.
This section, it was held, created forfeiture.
Whores Savanur contention of the learned advocates, appearing for the tenants before us was that Sub-section 1 of Section 29 of the Bombay Tenancy Act gives a discretion, Whores Savanur the Mamlatdar to pass Whores Savanur order is he considers fit.
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Whores Savanur Cancel. In my Whores Savanur, no relief against forfeiture can be given in the case of a statatutory forfeiture on the general grounds of equity, justice and good conscience.
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For instance, even in a case where a tenant makes an application under Sub-section 1 of Section 29 and he makes out a case for possession the Mamlatdar would be free, on this view of Whores Savanur matter, to order possession to be delivered to him or not as he deems fit, as there is nothing to fetter the discretion of the Mamlatdar on this point. Whores Savanur Justice Chagla who delivered the judgment in that case, in dealing with that question, observed as follows Fellow, 2 KB