Narayana and Others vs Kashappaya and Another

Srinivasa Aiyangar, J.—It is argued that if days of grace are allowed for payment of the rent, Courts have no jurisdiction to relieve the tenant

from a proviso for re-entry on non-payment of rent, and the decisions in Narayana Kamti v. Handu Shetty 15 M.L.J. 210 and Naraina Naika v.

Vasudeva Bhatta 15 M.L.J. 208 and Adiraya Shetty v. Billa Tyampu (1910) M.W.N. 419 are relied on. This case and the earlier cases and the

later cases in this Court as well as English cases were exhaustively reviewed in Appayya Shetty v. Mahammade Beari 30 Ind. Cas. 596, and the

conclusion was arrived at that the Court has jurisdiction to relieve against forfeiture in all proper cases, whether days of grace are allowed or not. I

respectfully agree. In this case it is impossible to say that the lower Courts have not properly exercised their discretion. I think that this appeal fails

and must be dismissed with costs.

Napier, J.

I agree.