Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for eviction Execution petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MADHYA PRADESH ACCOMMODATION CONTROL ACT, 1961: ss.12(1)(a) and 13 - Suit for eviction and arrears of rent - Compromise decree - Tenant to deposit arrears of rent within stipulated period failing which landlord would be entitled to possession - Not complied with by tenant - Execution - Executing court granting time to tenant to deposit rent and on his doing so, dismissing execution application - Held: s. 13 indicates that payment or deposit of rent into court by judgement debtor (tenant) is contemplated only during the pendency of suit for eviction or an appeal (by the tenant) against a decree or order of eviction - It has no application to the execution - Further, power of court to enlarge time u/s. 148 CPC can be exercised only in a case where period is granted by court for doing any act prescribed by Code - It has no application where period is stipulated by agreement between parties - Order of executing court granting time to tenant to deposit rent being a nullity, failure of landlord to Challenge it would not deny him the right to recover possession - Execution petition allowed - Code of Civil Procedure, 1908 - s. 148 - Practice and procedure.DECREE: Compromise decree - Tenant to deposit arrears of rent within stipulated time and on his failure to do so, landlord entitled to recover possession - Execution of decree - Executing court holding the decree as contrary to provisions of the Act and granting the tenant time to deposit arrears of rent and on his doing so, dismissing the execution application - Held: Such an order amounts to modification of decree and is without jurisdiction on the part of executing court, therefore, a nullity - Executing court cannot go beyond the decree - It has no jurisdiction to modify a decree - It must execute the decree as it is - Such a void order can create neither legal rights nor obligations - Madhya Pradesh Accommodation Control Act, 1961 - ss. 12(1) (a) and 13. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2014 INSC 4 |
Petitioner | Shivshankar Gurgar |
Respondent | Dilip |
SCR | [2014] 1 S.C.R. 18 |
Judgement Date | 2014-01-03 |
Case Number | 52 |
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