Relief against forfeiture for rent arrears may be granted on appeal where equitable discretion supports the tenant.

In proceedings for ejectment for non-payment of rent, relief against forfeiture under Section 114 of the Transfer of Property Act may be granted by the appellate court because an appeal is a rehearing and the same equitable jurisdiction can be exercised there. Failure to seek relief at the first opportunity before the trial court does not create a jurisdictional bar, although the tenant's conduct remains relevant to discretion. On the facts stated, the court considered the existence of valuable constructions and the tenants' deposit of more than the amount due, found no conduct disentitling them to equity, and upheld relief against forfeiture.

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Issues: Whether relief against forfeiture for non-payment of rent under Section 114 of the Transfer of Property Act could be granted by the appellate court after the trial court had decreed ejectment, and whether the tenants' failure to pay at the first opportunity barred such relief.

Analysis: Section 114 of the Transfer of Property Act makes payment or tender of arrears, interest and costs at the hearing of the suit a condition for relief against forfeiture, but an appeal is a rehearing and the appellate court can, in appropriate cases, exercise the same equitable jurisdiction. Failure to avail of an earlier opportunity before the trial court does not create a jurisdictional bar, though the tenant's conduct may be relevant to the exercise of discretion. The district court considered the existence of valuable constructions on the land and the fact that the tenants had deposited more than the amount due, and chose to grant relief. No material was shown to establish conduct disentitling the tenants to equitable relief.

Conclusion: Relief against forfeiture could validly be granted by the appellate court, and the discretion exercised in favour of the tenants was upheld.

Final Conclusion: The appellate remedy was unavailable to the landlord, and the decree relieving the tenants against forfeiture stood confirmed.

Ratio Decidendi: In proceedings for ejectment for non-payment of rent, the appellate court may grant relief against forfeiture under Section 114 of the Transfer of Property Act because an appeal is a rehearing, and the grant or refusal of relief depends on equitable discretion assessed in light of the tenant's conduct.

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