BAHADUR SINGH & ANR. versus MUNI SUBRAT DASS & ANR.

BAHADUR SINGH & ANR. versus MUNI SUBRAT DASS & ANR.

Objections as to the validity of the arbitral award cannot be raised after a decree has been passed on the award; a decree for possession of premises passed contrary to s. 13(1) of the Delhi and Ajmer Rent Control Act, 1952 is a nullity and cannot be enforced, but the portion of the decree relating to removal of machinery is valid and separable.

Parties
Appellant: Bahadur Singh; Appellant: Daryao Singh; Respondent: Muni Subrat Dass; Respondent: Mehtab Singh
Jurisdiction
India
Judgment Date
16 October 1968
Procedural Posture
Civil Appeals / Supreme Court Final Judgment
Outcome
Appeals dismissed subject to declarations as to nullity and enforceability of parts of the decree.
Legal Topics
Arbitration Award and Decree Execution, Jurisdiction Under Rent Control Statutes, Objections to Arbitral Awards, Eviction of Tenants, Enforcement of Null and Void Decrees
Civil Procedure Arbitration Rent Control Arbitration Award and Decree Execution Jurisdiction Under Rent Control Statutes Objections to Arbitral Awards Eviction of Tenants Enforcement of Null and Void Decrees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Bahadur Singh

Appellant

Daryao Singh

Appellant

Muni Subrat Dass

Respondent

Mehtab Singh

Respondent

Procedural Posture

Civil Appeals / Supreme Court Final Judgment

Legal Issues

  1. 1 Can the validity of an arbitral award be challenged after a decree is passed upon it?
  2. 2 Is a decree for eviction, passed contrary to the Delhi and Ajmer Rent Control Act, 1952, a nullity and unenforceable?
  3. 3 Can the landlord or his son execute a decree for possession based on such an award and decree?

Ratio Decidendi

Objections as to the validity of the arbitral award cannot be raised after a decree has been passed on the award; a decree for possession of premises passed contrary to s. 13(1) of the Delhi and Ajmer Rent Control Act, 1952 is a nullity and cannot be enforced, but the portion of the decree relating to removal of machinery is valid and separable.

Court Disposition

Appeals dismissed subject to declarations as to nullity and enforceability of parts of the decree.

Orders

  • Objections to validity of award not entertainable in execution proceedings.
  • Decree for delivery of possession to landlord is a nullity and cannot be executed by either Muni Subrat Dass or Mehtab Singh.