Lafir v. Gunapathy – sllr 1996 volume 2 page 001

In LAFIR v. GUNAPATHY, a dispute arose between the plaintiff petitioner, Lafir, who purchased a 1/4 share at a partition sale, and the defendant respondent, Gunapathy, the beneficiary entitled to the sale proceeds. The central legal issue concerned whether the petitioner, after depositing the sale proceeds in Court as per the Partition Law, was entitled to withdraw the accrued interest. The court determined that the withdrawal of interest by the petitioner without court sanction was improper, and that the interest formed part of the beneficiary’s entitlement. The legal reasoning relied on the interpretation of Section 43 and Section 47 of the Partition Law and Sections 409–415 of the Civil Procedure Code, clarifying that statutory provisions governing deposits for civil claims do not overr