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october 1968

Supreme Court of India · 1968-10-24

DATTARAYA S/O KESHAV TAWALAY vs SHAIKH MAHBOOB SHAIKH ALl & ANR.

Citation / case number
SC 1966/60414
Court
Supreme Court of India
Petitioner
DATTARAYA S/O KESHAV TAWALAY
Respondent
SHAIKH MAHBOOB SHAIKH ALl & ANR.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Order 20 Rule 14 of the Code of Civil Procedure, the obligations of the parties in a pre-emption decree are reciprocal and inter-linked. The Court ruled that the stay order obtained by the respondents relieved the appellant from the obligation to deposit the purchase money by the original deadline. Consequently, the dismissal of the respondents' second appeal provided a fresh starting point for the appellant to deposit the amount, which he did before the High Court's decree. Thus, the appellant was entitled to possession of the property, and the appeal was allowed.

DATTARAYA S/O KESHAV TAWALAY vs SHAIKH MAHBOOB SHAIKH ALl & ANR. · Niyam