BHIKU HARI MORE Vs. VISHVANATH SHRIDHAR MOGARE

JUDGEMENT

(1.) THE appellants are assailing the judgment and decree passed by Additional District Judge, Thane in Civil Appeal No. 146/1987 by which the learned Judge confirmed the judgment and decree passed by Civil Judge, J. D. , Palghar in the matter of R. C. S. No. 55/1978.

(2.) THE appeal has been admitted on the following substantial question of law.

(3.) SHRI Ghaisas, Counsel appearing for the appellants, submitted that at the time of trial when the appellant was ready and willing to pay the arrears of rent, and said readiness and willingness was pointed out in written statement, the two Courts below should have exercised the discretion in favour of the appellant. Shri Shah submitted that the words which are used in S. 114 of Transfer of Property Act shows that discretion lies with the Court and that is to be used in fit cases only. He pointed out that there have been concurrent findings of the two Courts below and therefore appeal deserves to be dismissed.