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2003 Supreme(SC) 157

S.S.M.QUADRI, ASHOK BHAN
Sarwan Kumar – Appellant
Versus
Madan Lal Aggarwal – Respondent


JUDGMENT

Bhan, J.-Leave granted.

2. The short point which falls for determination in this appeal is: whether a decree for ejectment passed by a civil court qua a commercial tenancy in the State of Delhi before the declaration of law by the Supreme Court in Gian Devi Anand vs. Jeevan Kumar, 1985 Suppl. (1) SCR 1, that such a tenancy is heritable, is executable or the judgment-debtors can successfully object to the execution of the decree on the ground that same was passed by a court lacking inherent jurisdiction and therefore inexecutable?

3. Property No. 212/IX, Chawri Bazar Delhi, was owned by Smt. Sarla Devi, wife of the respondent-landlord (hereinafter referred to as "the decree-holder"). She let out the suit premises in 1969 at a monthly rent of Rs.75/- for commercial purposes to late Shri Amar Nath, predecessor-in-interest, of the appellants (hereinafter referred to as "the judgment-debtors"). Smt. Sarla Devi died on 28th January, 1980. She had executed a will dated 25th April, 1979 in favour of the decree-holder. The Decree-holder obtained the letters of administration by filing a probate case No. 41 of 1980. By virtue of the probate given in his favour the decree-holder bec






































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