NARAYANA KAMTI Vs. HANDU SHETTY
LAWS(PVC)-1901-3-25
PRIVY COUNCIL
Decided on March 14,1901

NARAYANA KAMTI Appellant
VERSUS
HANDU SHETTY Respondents

JUDGEMENT

- (1.) In the instrument in the case (Exhibit A) there is a peculiar provision which does not appear in the cases cited. Here there is a covenant to pay rent on the 15 of April. No forfeiture is provided for on account of default in such payment. But it is provided that if the default continue until December, then the lease is to be forfeited. It appears to us that it was clearly not intended that the clause of forfeiture was to be merely in terrorem.
(2.) There is another ground on which the defendant must fail and that is that when pleading his alleged right to be relieved against the forfeiture he omitted to make any tender or to pay the money into Court but on the contrary pleaded payment unsuccessfully.
(3.) The maxim "he who seeks equity must do equity" applies apart from the Transfer of Property Act.;


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