PRADUMAN KUMAR vs VIRENDRA GOYAL (DEAD) BY L. RS.

The Supreme Court held that under Section 114 of the Transfer of Property Act, the Appellate Court has jurisdiction to relieve against forfeiture of tenancy for non-payment of rent, even if the tenant failed to comply with the Trial Court's conditions. The Court emphasized that the covenant for forfeiture is merely a security for rent payment and that relief can be granted if the tenant pays the arrears, interest, and costs at the hearing of the appeal. The Court affirmed the Appellate Court's decision to grant relief, stating that the failure to avail the opportunity in the Trial Court does not bar the Appellate Court's jurisdiction to provide equitable relief.