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.