Saturday, 10 November 2018

Whether one of legal heir of deceased tenant can object to execution of eviction decree on ground that he is in possession of tenanted premises?

 Even otherwise, the intervention at this belated stage of execution proceedings, in the fact and circumstances of the case, seems to be a deliberate attempt to nullify the decree passed in favour of the Appellant herein as when Respondent No. 1 filed objections Under Section 47 Order XXI of the Code, he claimed to be in possession of the suit premises, however, he failed to produce any evidence except two rent receipts for the months of December, 1993 and January 1994 that too when the Respondent No. 1 in his objection petition filed in the execution proceedings of the eviction decree has himself admitted that the there exists a dispute between him and Respondent No. 2 and they had parted their ways.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3996 of 2018 (Arising out of Special Leave Petition (C) No. 5489 of 2014)

Decided On: 19.04.2018

 Suresh Kumar Kohli Vs. Rakesh Jain and Ors.

Hon'ble Judges/Coram:
R.K. Agrawal and Abhay Manohar Sapre, JJ.

Citation: (2018) 6 SCC 708:AIR 2018 SC 2708.
Read full judgment here: Click here
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