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
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Feb 20, 2025