MANISHA LALWANI versus D.V. PAUL

MANISHA LALWANI versus D.V. PAUL

Deposit of compensation amount must be made in the trial court as explicitly required by the conditional decree; delivery to a person other than the court does not satisfy the decree. Executing Court need not inquire into alternate modes of delivery for decree execution.

Parties
Appellant: Manisha Lalwani; Respondent: D.V. Paul
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
Appeals disposed of
Legal Topics
Conditional Decree, Extension of Time, Eviction, Execution of Decree
Rent Control Conditional Decree Extension of Time Eviction Execution of Decree

Case Brief

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Parties

Manisha Lalwani

Appellant

D.V. Paul

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether the tenant's payment to maid-servant complied with the High Court's conditional decree
  2. 2 Whether Executing Court must inquire into receipt of bank draft by maid-servant

Ratio Decidendi

Deposit of compensation amount must be made in the trial court as explicitly required by the conditional decree; delivery to a person other than the court does not satisfy the decree. Executing Court need not inquire into alternate modes of delivery for decree execution.

Court Disposition

Appeals disposed of

Orders

  • Executing Court directed to proceed with execution of decree passed on 4th May, 2006
  • Executing Court may proceed with inquiry as directed by High Court