B holds certain lands under a lease from A The rent falls into arrears and A sues B for arrears of r...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

B holds certain lands under a lease from A. The rent falls into arrears, and A sues B for arrears of rend and for possession. It is subsequently agreed between the parties that B should continue to hold the lands as A’s tenant, but upon fresh terms arranged between the parties, which include a forfeiture clause that if default should be made in payment of rent on the due dates, the lease should be forfeited. A decree is passed in terms of the agreement under this rule. B commits default in payment of rent. A thereupon applies for possession of the land in execution of the decree. B offers to pay the arrears and applies that he may be relieved against forfeiture.

If the matter had rested in contract only, the Court could have granted the relief.

The mere fact, therefore, that the agreement has been recorded and a decree passed in accordance therewith, does not preclude the Court form granting relief against forfeiture

Both (A) and (B)

None of these

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Explanation:

Certainly! Let's break down each option:

- Option 1: If the issue were only about the contract terms, the court could potentially grant relief to B, allowing them to address the arrears and avoid forfeiture.

- Option 2: Just because the agreement has been formalized into a decree doesn't stop the court from providing relief against forfeiture. Courts can intervene to ensure fairness.

- Option 3: This option implies that both options 1 and 2 are correct, meaning that the court has the flexibility to grant relief, regardless of the contract or decree status.

- Option 4: This suggests that none of the previous options are correct, which doesn't align with the legal principles generally followed.

Option 3 is indeed the correct choice, as both options 1 and 2 are valid statements in representing how courts may operate.