RAM CHANDRA VERMA versus SHRI JAGAT SINGH AND ORS.

RAM CHANDRA VERMA versus SHRI JAGAT SINGH AND ORS.

The appellant, having been found independently in possession as tenant, cannot be ejected from the premises in his possession except in accordance with law, and is entitled to resist execution and file application under Order 21 Rule 97 CPC claiming possession.

Parties
Appellant: Ram Chandra Verma; Respondent: Shri Jagat Singh
Jurisdiction
India
Judgment Date
30 January 1996
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeal allowed
Legal Topics
Compromise Decree, Execution Proceedings, Possession, Eviction, Order 21 Rule 97 CPC
Civil Procedure Landlord Tenant Law Compromise Decree Execution Proceedings Possession Eviction Order 21 Rule 97 CPC

Case Brief

Summary, issues, holding and outcome

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Parties

Ram Chandra Verma

Appellant

Shri Jagat Singh

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the appellant is bound by the compromise decree entered into by Harkesh Rai Agarwal and the respondents
  2. 2 Whether the appellant can be ejected from the premises in his possession except in accordance with law

Ratio Decidendi

The appellant, having been found independently in possession as tenant, cannot be ejected from the premises in his possession except in accordance with law, and is entitled to resist execution and file application under Order 21 Rule 97 CPC claiming possession.

Court Disposition

appeal allowed

Orders

  • Appellant cannot be ejected from the premises except in accordance with law.
  • Respondent may proceed against Harkesh Rai Agarwal in accordance with law.