Section 114 of the Transfer of Property Act, 1882, affords protection to the tenant against forfeiture while the tenant enjoys the immunity from eviction for default in the payment of rent, the land lord gets the corresponding benefit of recovery even of such areas as are not legally recoverable. Such an equitable provision as is engrafted shall govern only to such an extent which does not run counter to any specific statutory provision. This was held in:

Section 114 of the Transfer of Property Act, 1882, affords protection to the tenant against forfeiture while the tenant enjoys the immunity from eviction for default in the payment of rent, the land lord gets the corresponding benefit of recovery even of such areas as are not legally recoverable. Such an equitable provision as is engrafted shall govern only to such an extent which does not run counter to any specific statutory provision. This was held in: Correct Answer Shyam Bhagwan Dubey v. Shaikh Nizam, AIR 1994 MP 52

Related Questions

In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?
If no specific place is agreed regarding payment of rent between landlord and tenant then the tenant will pay the rent:
Under the provisions of section 35 of the Transfer of Property Act, 1882, where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property then