Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Resistance to possession of immovable property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or.XXI r.97 r/w s.151 CPC – Resistance/obstruction to possession of immovable property – Case of appellant-BDA was that the land in question was acquired by it under the provisions of 1976 Act and award was declared and notification for taking over possession was also published – Seventeen years after vesting of acquired land in favour of BDA, an agreement of lease in respect of part of said land was entered into by respondent no.1 as lessor with respondent no.2 – Respondent no.1 thereafter filed suit for ejectment of respondent no.2 in which BDA was not arrayed as party – Suit was decreed and attained finality – Respondent no.1 (decree holder) filed execution petition – Having come to know of the decree, BDA filed separate suit seeking declaration that the lease agreement between respondent no.1 and no.2 was null and void and also prayed for permanent injunction to restrain respondent no.1 from executing decree – BDA also filed two applications u/Or.XXI r.97 r/w s.151 in the execution proceedings till disposal of separate suit filed by it – Executing court rejected the applications – Writ petitions filed by BDA were also dismissed – Hence instant appeals – Held: As per Or.XXI r.101, all questions including questions relating to right, title or interest in the property arising between the parties to a proceeding on an application u/Or.XXI r.97 or r.99 and relevant to the adjudication of the application shall have to be determined by the Court dealing with the application – For that a separate suit is not required to be filed – Appellant-BDA had submitted the obstruction/objection in the execution proceedings filed by the decree holder against the judgment debtor with respect to suit land which was acquired by BDA – When the BDA claimed right, title or interest in the suitproperty, such obstruction/objection was required to be adjudicated upon by the executing court while considering the application/ obstruction u/Or.XXI r.97 or r.99 – Bangalore Development Authority Act, 1976. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 827 |
Petitioner | Bangalore Development Authority |
Respondent | N. Nanjappa And Another |
SCR | [2021] 9 S.C.R. 351 |
Judgement Date | 2021-12-06 |
Case Number | 6996 |
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