KALYAN versus GORAKH

KALYAN versus GORAKH

The appellant, purchaser in possession, may remain in possession during the suit, but must deposit Rs. 10,000 annually from 1991 onwards. If the respondent tenant succeeds, he may withdraw the deposited sum with accrued interest.

Parties
Appellant: Kalyan; Respondent: Gorakh
Jurisdiction
India
Judgment Date
13 December 1995
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal disposed of
Legal Topics
Protected Tenancy, Possession, Appointment of Receiver, Deposit of Money During Dispute
Land Law Tenancy Law Protected Tenancy Possession Appointment of Receiver Deposit of Money During Dispute

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Parties

Kalyan

Appellant

Gorakh

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the purchaser in possession must deposit money during pendency of tenancy dispute
  2. 2 Whether the protected tenant is entitled to withdraw deposited sums upon success

Ratio Decidendi

The appellant, purchaser in possession, may remain in possession during the suit, but must deposit Rs. 10,000 annually from 1991 onwards. If the respondent tenant succeeds, he may withdraw the deposited sum with accrued interest.

Court Disposition

Appeal disposed of

Orders

  • Appellant to deposit Rs. 10,000 every year from 1991 onwards till disposal of suit
  • Arrears as on date to be deposited within three months from today