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Section 209: Effect of decision of summary proceeding

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 208 All 391 Sections of Indian Succession Act Section 210

Legal Commentary & Landmark Judgments: Section 209

Section 209 defines the legal effect of a decision in a summary proceeding under Part VII, according it temporary conclusive validity regarding possession only.

  • Protection of Interim Acts: The decision of the District Judge has conclusive effect regarding the right to interim possession, protecting the party put into possession and third parties dealing with him.
  • Immunity for Bona Fide Payments: All bona fide payments of rent and debts made to the person put into possession by the court operate as a complete legal discharge to the payer.
  • Subject to Civil Court Decree: The temporary possessory right remains in force only until a competent civil court passes a final decree in a regular suit under Section 208.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court affirmed that Section 209 protects commercial debtors and tenants who make bona fide payments to the court-recognized possessor during the interim period.
  • Babu Lal v. Ram Sahai (High Court Precedents): Held that Section 209 accords provisional validity to the District Judge's summary order to prevent estate anarchy pending title adjudication.
Courtroom Practice & Strategic Litigation Guidance:

Tenants and debtors of the deceased holding pending dues should pay them to the person put in possession under Section 194/209; Section 209 guarantees absolute statutory immunity against being forced to pay a second time if title later changes hands.

Section 208 All 391 Sections of Indian Succession Act Section 210