KASHI RAM versus RAKESH ARORA

KASHI RAM versus RAKESH ARORA

Execution of the eviction decree dated 15th October, 1960 was barred by limitation before commencement of the Limitation Act, 1963; even after the coming into force of Article 136 of the 1963 Act, application was time-barred; permission under the Slum Act was not legally required for decrees on bona fide requirement, so delay in seeking permission or subsequent applications could not revive the limitation period.

Parties
Appellant: Kashi Ram; Respondent: Rakesh Arora
Jurisdiction
India
Judgment Date
18 August 1987
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Period of Limitation for Execution of Eviction Decree, Delhi Rent Control Act, Slum Areas (improvement and Clearance) Act, Requirement of Permission Under Slum Act, Res Judicata in Permission Applications
Limitation Tenancy Civil Procedure Period of Limitation for Execution of Eviction Decree Delhi Rent Control Act Slum Areas (improvement and Clearance) Act Requirement of Permission Under Slum Act Res Judicata in Permission Applications

Case Brief

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Parties

Kashi Ram

Appellant

Rakesh Arora

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether execution of eviction decree is barred by limitation
  2. 2 Whether subsequent application for permission under Slum Act is barred by res judicata

Ratio Decidendi

Execution of the eviction decree dated 15th October, 1960 was barred by limitation before commencement of the Limitation Act, 1963; even after the coming into force of Article 136 of the 1963 Act, application was time-barred; permission under the Slum Act was not legally required for decrees on bona fide requirement, so delay in seeking permission or subsequent applications could not revive the limitation period.

Court Disposition

appeal allowed

Orders

  • Judgment and order of Delhi High Court set aside
  • Application for execution of eviction order dismissed