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1 - 4 of 4 (0.20 seconds)M/S. Atma Ram Properties (P) Ltd vs M/S. Federal Motors Pvt. Ltd on 10 December, 2004
In Atma Ram Properties (P) Ltd. Vs. Federal
Motor (P) Ltd. In (2005) 1 SCC 705 on which he relied upon, it has been
inter alia laid down that the appellate court while exercising jurisdiction
under Order 41 Rule 5 of the Code of Civil Procedure does have the power
to put the appellant tenant on terms. While ordering stay the appellate
court has to be alive to the fact that it is depriving the successful landlord
of the fruits of the decree and is postponing the execution of the order for
eviction. There is every justification for the appellate court to put the
appellant tenant on terms and direct the appellant to compensate the
landlord by payment of a reasonable amount which is not necessarily the
same as the contractual rate of rent.
Article 226 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
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