HINDUSTAN PETROLEUM CORPORATION LTD. versus AJAY BHATIA

HINDUSTAN PETROLEUM CORPORATION LTD. versus AJAY BHATIA

The suit and resulting decree related solely to Plot No.4/4 (9700 sq. ft.); the decree is not executable against Plot No.4/5 or other land; the Executing Court must appoint a Revenue Officer as Local Commissioner to demarcate Plot No.4/4 and make over possession to the Respondent and any excess land (including Plot No.4/5 or Delhi Government land) wrongly taken in execution must be restored to the Appellant; the Respondent is entitled to mesne profits at the rate of Rs.50,000 per month from 1 March 2006 until relinquishment of possession by the Appellant, to be computed afresh by the Executing Court.

Parties
Appellant: Hindustan Petroleum Corporation Ltd.; Respondent: Ajay Bhatia
Jurisdiction
India
Judgment Date
22 September 2022
Procedural Posture
Civil Appeal / On Appeal Against Judgment and Order of the High Court Dated 24.11.2021 Dismissing Execution First Appeals Arising From Execution Proceedings of C.s.(o.s.) No.1828 of 2006
Outcome
Appeals allowed; impugned judgment and order of the High Court set aside.
Legal Topics
Execution of Decree, Identification of Suit Property, Mesne Profits, Cause of Action, Appointment of Local Commissioner, Order 7 Rule 3 CPC, Order 20 Rule 12 CPC, Section 47 CPC
Civil Procedure Property Law Execution of Decree Identification of Suit Property Mesne Profits Cause of Action Appointment of Local Commissioner Order 7 Rule 3 CPC +2 more

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hindustan Petroleum Corporation Ltd.

Appellant

Ajay Bhatia

Respondent

Procedural Posture

Civil Appeal / On Appeal Against Judgment and Order of the High Court Dated 24.11.2021 Dismissing Execution First Appeals Arising From Execution Proceedings of C.s.(o.s.) No.1828 of 2006

Legal Issues

  1. 1 Whether the decree in C.S.(O.S.) No.1828 of 2006 (suit for recovery of possession) is executable against adjacent Plot No.4/5 or only against Plot No.4/4
  2. 2 Whether the decree holder is entitled to mesne profits and from which date they are payable
  3. 3 Whether the Executing Court should appoint a Revenue Officer/Kanoongo as Local Commissioner to demarcate the suit property for execution

Ratio Decidendi

The suit and resulting decree related solely to Plot No.4/4 (9700 sq. ft.); the decree is not executable against Plot No.4/5 or other land; the Executing Court must appoint a Revenue Officer as Local Commissioner to demarcate Plot No.4/4 and make over possession to the Respondent and any excess land (including Plot No.4/5 or Delhi Government land) wrongly taken in execution must be restored to the Appellant; the Respondent is entitled to mesne profits at the rate of Rs.50,000 per month from 1 March 2006 until relinquishment of possession by the Appellant, to be computed afresh by the Executing Court.

Court Disposition

Appeals allowed; impugned judgment and order of the High Court set aside.

Orders

  • Impugned judgment and order dated 24.11.2021 set aside.
  • Executing Court to decide the execution applications and related applications afresh in light of this judgment.