TANZEEM-E-SUFIA versus BIBI HALIMAN AND ORS.

TANZEEM-E-SUFIA versus BIBI HALIMAN AND ORS.

The executing court must consider and adjudicate objections from a third party in possession when decree-holder applies for delivery of possession under Order 21 Rule 97 CPC, and all relevant questions of right, title, or interest are to be decided within that application and not in a separate suit.

Parties
Appellant: Tanzeem-e-Sufia; Respondent: Bibi Haliman and others
Jurisdiction
India
Judgment Date
03 September 2002
Procedural Posture
Civil Appeal No. 5457 of 2002 / Appeal From High Court Judgment in Civil Revision No. 342/2001
Outcome
Appeal allowed; High Court and executing court orders set aside.
Legal Topics
Execution Proceedings, Third Party Objections, Eviction, Order 21 Rules 97, 99, 101 CPC
Civil Procedure Execution Proceedings Third Party Objections Eviction Order 21 Rules 97, 99, 101 CPC

Case Brief

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Parties

Tanzeem-e-Sufia

Appellant

Bibi Haliman and others

Respondent

Procedural Posture

Civil Appeal No. 5457 of 2002 / Appeal From High Court Judgment in Civil Revision No. 342/2001

Legal Issues

  1. 1 Whether a third party in possession is entitled to be heard in execution proceedings on decree-holder's application under Order 21 Rule 97 CPC
  2. 2 Whether questions of right, title, or interest should be adjudicated in the execution application or by separate suit

Ratio Decidendi

The executing court must consider and adjudicate objections from a third party in possession when decree-holder applies for delivery of possession under Order 21 Rule 97 CPC, and all relevant questions of right, title, or interest are to be decided within that application and not in a separate suit.

Court Disposition

Appeal allowed; High Court and executing court orders set aside.

Orders

  • Executing court to dispose of the application for delivery of possession afresh, after giving opportunity of hearing to appellant.
  • Application to be disposed of expeditiously; costs easy.