Transfer of Property Act 1882
114. Relief against forfeiture for non-payment of rent.—
Where a lease of immoveable property has determined by forfeiture for non-payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear, together with interest thereon and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a decree for ejectment, pass an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred.
COMMENTS
(i) Section 114 affords protection to the tenant against forfeiture. While the tenant enjoys the immunity from eviction for default in the payment of rent, the landlord gets the corresponding benefit of recovery even such arrears as are not legally recoverable. Such an equitable provision as is engrafted in section 114 of Transfer of Property Act, shall govern only to such an extent which does not run counter to any specific statutory provisions; Shyam Bhagwan Dubey v. Shaikh Nizam, AIR 1994 MP 52.
(ii) The right of the landlord to get the tenant evicted is restricted under the Rent Act. As the law restricts the power of the landlord to evict the tenant except in accordance with the provisions of Rent Act section 114 is not attracted. Once the requirements of Rent legislation are satisfied, the tenant cannot claim the double protection of invoking the provision of Transfer of Property Act; Prithivichand Ramchand Sablok v. S.Y. Shinde, AIR 1993 SC 1929.
