DULAREY LODH versus THE IIIRD ADDL. DISTRICT JUDGE, KANPUR & ORS.

DULAREY LODH versus THE IIIRD ADDL. DISTRICT JUDGE, KANPUR & ORS.

By operation of the 1976 Amendment Act, which retrospectively applied Section 9 of the 1972 Act and overruled the prior High Court interpretation, the decree for ejectment that had become dormant revived and became executable, as per the doctrine of eclipse; the lower courts rightly ordered execution.

Parties
Appellant: Dularey Lodh; Respondents: IIIrd Additional District Judge, Kanpur and Ors.
Jurisdiction
India
Judgment Date
03 May 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Allahabad High Court Dated 27.7.1979 in C.m.w. No. Nil of 1979
Outcome
Appeal dismissed
Legal Topics
Doctrine of Eclipse, Execution of Decree, Retrospective Amendment, Interpretation of Statutes
Land and Tenancy Law Doctrine of Eclipse Execution of Decree Retrospective Amendment Interpretation of Statutes

Case Brief

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Parties

Dularey Lodh

Appellant

IIIrd Additional District Judge, Kanpur and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Allahabad High Court Dated 27.7.1979 in C.m.w. No. Nil of 1979

Legal Issues

  1. 1 Whether the decree for ejectment, rendered inexecutable by statutory amendment and a High Court judgment, becomes operative and executable by virtue of the retrospective operation of the 1976 Amendment Act and the doctrine of eclipse.

Ratio Decidendi

By operation of the 1976 Amendment Act, which retrospectively applied Section 9 of the 1972 Act and overruled the prior High Court interpretation, the decree for ejectment that had become dormant revived and became executable, as per the doctrine of eclipse; the lower courts rightly ordered execution.

Court Disposition

Appeal dismissed

Orders

  • Decree for ejectment upheld and to be executed forthwith; landlord to be put into possession; costs awarded to the respondents.