SILVERLINE FORUM PVT. LTD. versus RAJIV TRUST AND ANR.

SILVERLINE FORUM PVT. LTD. versus RAJIV TRUST AND ANR.

The second respondent/sub-tenant, not having satisfied the statutory requirements under Section 16 of the West Bengal Premises Tenancy Act, 1956, is bound by the decree for ejectment and is not entitled to protection. The executing court is competent to adjudicate resistance or obstruction offered by any person under Order 21 Rule 97 CPC, but such adjudication is confined to questions that legally arise and are relevant between the parties.

Parties
Appellant: Silverline Forum Pvt. Ltd.; First Respondent: Rajiv Trust; Second Respondent: M/s Capstain Shipping Estate Private Limited
Jurisdiction
India
Judgment Date
31 March 1998
Procedural Posture
Civil Appeal / Judgment on Appeal Against Order of Calcutta High Court in Execution Proceedings
Outcome
Appeal allowed
Legal Topics
Order 21 Rules 97, 99, 101, 102 CPC, Obstruction to Execution of Decree, West Bengal Premises Tenancy Act, 1956, Sub Tenancy, Ejectment
Civil Procedure Tenancy Law Order 21 Rules 97,99,101,102 CPC Obstruction to Execution of Decree West Bengal Premises Tenancy Act, 1956 Sub Tenancy Ejectment

Case Brief

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Parties

Silverline Forum Pvt. Ltd.

Appellant

Rajiv Trust

First Respondent

M/s Capstain Shipping Estate Private Limited

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Order of Calcutta High Court in Execution Proceedings

Legal Issues

  1. 1 Whether a third party resistor/sub-tenant, not party to the decree, can resist execution under Order 21 Rule 97 of the Code of Civil Procedure, 1908.
  2. 2 Whether the consent by landlord to tenant to create sub-tenancy can be extended to further sub-tenancies so as to bind the landlord under the West Bengal Premises Tenancy Act, 1956.
  3. 3 Whether the second respondent/sub-tenant is bound by the decree for ejectment.

Ratio Decidendi

The second respondent/sub-tenant, not having satisfied the statutory requirements under Section 16 of the West Bengal Premises Tenancy Act, 1956, is bound by the decree for ejectment and is not entitled to protection. The executing court is competent to adjudicate resistance or obstruction offered by any person under Order 21 Rule 97 CPC, but such adjudication is confined to questions that legally arise and are relevant between the parties.

Court Disposition

Appeal allowed

Orders

  • The order under challenge is set aside.
  • Appellant is entitled to delivery of possession by removing the obstruction/resistance made by the second respondent.