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1915 Supreme(Mad) 254
IN THE HIGH COURT OF MARAS
Oldfield, S Aiyar
Ramayanam Jogamma
Versus
Enamandra Ramalakshmi
Decided On : July, 1915
Important Points
Subject
Contract Law - Enforcement of Penal Clause
Headnote
The doctrine of relief against the enforcement of a penal clause - Contracts - The appellant's contention that the doctrine of relief against the enforcement of a penal clause is inapplicable in the case of contracts other than those between landlord and tenant is negatived by the authority of Bheema Venkatramana v. Bommini Gurappa 28 Ind. Cas. 970 : 2 L.W. 537 : M.L.J. 488. The District Judge's use of discretion to grant relief was justifiable as time was not of the essence of the contract and the appellant was substantially in fault. The appeal against appellate order fails and is dismissed with costs.
1. The appellant contends that the doctrine of relief against the enforcement of a penal clause is inapplicable in the case of contracts other than those between landlord and tenant. This is negatived by the authority of Bheema Venkatramana v. Bommini Gurappa 28 Ind. Cas. 970 : 2 L.W. 537 : M.L.J. 488.
Next it is urged that the District Judges use of his discretion to grant relief was unjustifiable. We do not agree. Time was not, in our opinion, of the essence of the contract; and the person substantially in fault was in fact the appellant.
3. The appeal against appellate order fails and is dismissed with costs.
