RAFIQUE BIBI (D) BY LRS. versus SYED WALIUDDIN (D) BY LRS. AND ORS.
The executing court cannot refuse execution of a decree on grounds of procedural irregularity unless the court passing the decree lacked jurisdiction. As the tenant did not raise the privilege under the Rajasthan Act before the decree, and as there was no want of jurisdiction, the decree stands executable.
- Parties
- Appellant Tenant: Rafique Bibi (D) by LRs.; Respondent Landlord: Syed Waliuddin (D) by LRs. and Ors.
- Jurisdiction
- India
- Judgment Date
- 28 August 2003
- Procedural Posture
- Civil Appeal / Appeal Against High Court Order in Execution Proceedings
- Outcome
- Appeal dismissed with costs throughout.
- Legal Topics
- Eviction, Execution of Decree, Jurisdiction, Tenant Privileges
Case Brief
Summary, issues, holding and outcome
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Parties
Rafique Bibi (D) by LRs.
Appellant Tenant
Syed Waliuddin (D) by LRs. and Ors.
Respondent Landlord
Procedural Posture
Civil Appeal / Appeal Against High Court Order in Execution Proceedings
Legal Issues
- 1 Whether failure to afford opportunity under Rajasthan Act renders the eviction decree a nullity and inexecutable
- 2 Whether executing court can go behind the decree on alleged procedural irregularity
Ratio Decidendi
The executing court cannot refuse execution of a decree on grounds of procedural irregularity unless the court passing the decree lacked jurisdiction. As the tenant did not raise the privilege under the Rajasthan Act before the decree, and as there was no want of jurisdiction, the decree stands executable.
Court Disposition
Appeal dismissed with costs throughout.
Orders
- Executing court to expeditiously proceed with execution proceedings.
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