On a conspectus of the aforementioned authorities, it is evident that a clause for the forfeiture of earnest money is not penal in the ordinary sense, rendering Section 74 of the 1872 Act, ...

matters may be prescribed in different cases. (4) Notwithstanding anything contained in this Act, a policy ...

Before we proceed to answer the question formulated by us in para 27, we deem it necessary to examine Section 22 of the 1963 Act. It reads thus: “22. Power to grant relief for possession, partition, ...