B. GANGADHAR versus B.G. RAJALINGAM

B. GANGADHAR versus B.G. RAJALINGAM

The court held that demolition of shops constructed pendente lite by the judgment-debtor and delivery of vacant possession to the decree-holder are consequential and incidental to execution of the decree for possession. Tenants inducted without leave of the court are bound by the decree and can be dispossessed during execution. The executing court is empowered to pass such orders and no separate suit is required.

Parties
Petitioner, Judgment Debtor: B. Gangadhar; Respondent, Decree Holder: B.G. Rajalingam
Jurisdiction
India
Judgment Date
12 May 1995
Procedural Posture
Special Leave Petition (c) No. 10546 of 1995 / Final Decision on SLP
Outcome
Petition dismissed
Legal Topics
Execution Proceedings, Possession of Immovable Property, Mandatory Injunction, Demolition of Unlawful Constructions, Tenant's Liability in Execution
Civil Procedure Execution Proceedings Possession of Immovable Property Mandatory Injunction Demolition of Unlawful Constructions Tenant's Liability in Execution

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Parties

B. Gangadhar

Petitioner, Judgment Debtor

B.G. Rajalingam

Respondent, Decree Holder

Procedural Posture

Special Leave Petition (c) No. 10546 of 1995 / Final Decision on SLP

Legal Issues

  1. 1 Whether the executing court is empowered to direct demolition of shops constructed by judgment-debtor without a mandatory injunction in the decree
  2. 2 Whether tenants inducted pendente lite by the judgment-debtor are bound by the decree and can be dispossessed in execution proceedings

Ratio Decidendi

The court held that demolition of shops constructed pendente lite by the judgment-debtor and delivery of vacant possession to the decree-holder are consequential and incidental to execution of the decree for possession. Tenants inducted without leave of the court are bound by the decree and can be dispossessed during execution. The executing court is empowered to pass such orders and no separate suit is required.

Court Disposition

Petition dismissed

Orders

  • Demolition of shops constructed by petitioner directed in execution of decree for possession.
  • Delivery of vacant possession to decree-holder upheld.