Interim stay on possession notice for attached residential property, subject to monthly rent deposit and restrictions on transfer.

Interim protection was granted against a notice seeking possession of an attached residential house because the appellant showed a prima facie case, including the residential character of the property and pleaded age and medical hardship, and the Tribunal found that refusal would cause grave prejudice during the appeal. The stay was balanced by safeguards preventing transfer, alienation, or third-party rights, together with a direction to deposit market rent monthly while the appeal remained pending.

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Issues: Whether interim stay should be granted against the notice seeking possession of the attached residential house during pendency of the appeal, and on what conditions.

Analysis: The appellant showed a prima facie case for interim protection, including the residential character of the property, the age and medical circumstances pleaded, and the asserted prejudice if possession were taken before the appeal was decided. The Tribunal found that denial of interim relief would cause grave prejudice. To balance equities, the Tribunal also required safeguards against transfer, alienation, or creation of third-party rights, and directed monthly deposit of market rent during the pendency of the appeal.

Conclusion: The operation of the possession notice was stayed in favour of the appellant subject to monthly deposit of market rent and restraint on dealing with the property.

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