Legal Principles and Effect of Filing of Appeal in Indian Jurisdiction

Legal Principles and Effect of Filing of Appeal in Indian Jurisdiction

In a recent decision of K. Subramaniam v. Krishna Mills Pvt Ltd [2025] GCtR 1682 (SC), it has been held that mere filing of an appeal does not operate as a stay of the decree/order under appeal is the statutory ordainment in sub-rule (1) of Rule 5 of Order XLI of Code of Civil Procedure, 1908. When payments were made belatedly and only after protracted litigation then such conduct cannot be reconciled with bona fide doubt as to liability. Court was not persuaded to accept the contention that the absence of a two months’ notice under the Explanation to Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 would ipso facto disentitle the landlord from maintaining the proceedings for eviction on the ground of wilful default. The statute, when read as a whole, does not render such notice an indispensable condition precedent to the assumption of jurisdiction by the Rent Controller.