VIDYA VATI versus DEVI DAS

The direction making recovery of possession conditional on deposit/payment of the loan amount was valid, as the obligations to repay and to restitute possession were concurrent and mutual under the agreement. The respondent could not claim possession without making repayment or deposit of the loan. The revision to the High Court was maintainable since no appeal lay to the High Court from the Sub-Judge's order.

Parties: Appellant: Vidya Vati; Respondent: Devi Das
Jurisdiction: India
Judgment Date: 25 November 1976
Procedural Posture: Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 28, 1975 of the Delhi High Court in Civil Revision No. 186 of 1975
Outcome: Appeal allowed
Legal Topics: Review, Revision, Possession, Repayment of Loan, Deposit in Court

Civil Procedure Review Revision Possession Repayment of Loan Deposit in Court

Case Brief

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Parties

Vidya Vati

Appellant

Devi Das

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 28, 1975 of the Delhi High Court in Civil Revision No. 186 of 1975

Legal Issues

1 Whether a direction requiring deposit/payment of a loan amount as a condition for recovery of possession was a correct interpretation of the agreement.
2 Whether revision before the High Court was maintainable against the order allowing the review application.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order allowing the review application and the order of the High Court rejecting the revision application are set aside.
Original ex-parte decree for possession together with the direction to pay or deposit Rs. 7500/- in court is restored.