REKHA MUKHERJEE versus ASHISH KUMAR DAS AND ANR.

REKHA MUKHERJEE versus ASHISH KUMAR DAS AND ANR.

The undertaking not to execute the eviction decree was only until the decision of the specific performance suit at the trial court stage, not until the suit attains finality through appellate proceedings. Hence, the undertaking ceased to operate after the trial court's dismissal of the specific performance suit.

Source-derived case information.

Parties
Appellant: Rekha Mukherjee; Respondent: Ashish Kumar Das and Anr.
Jurisdiction
India
Judgment Date
18 November 2003
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Eviction, Interpretation of Undertakings, Specific Performance, Execution of Decree
Civil Law Eviction Interpretation of Undertakings Specific Performance Execution of Decree

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rekha Mukherjee

Appellant

Ashish Kumar Das and Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellant's undertaking before the Supreme Court not to execute the eviction decree until decision of the specific performance suit continues to operate after dismissal of the suit by the trial court.

Ratio Decidendi

The undertaking not to execute the eviction decree was only until the decision of the specific performance suit at the trial court stage, not until the suit attains finality through appellate proceedings. Hence, the undertaking ceased to operate after the trial court's dismissal of the specific performance suit.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • The impugned judgment of the High Court is set aside.
  • The appellant is entitled to proceed with the execution of the eviction decree.