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SUPREME COURT OF INDIA
Y.V. Chandrachud, CJI., E.S.Venkataramiah, V.D.Tulzapurkar, JJ.
Shafiqur Rehman Khan
Versus
Mohammad Jahan Begum
Case No., 1649 of 1980
Date of Decision, 8/18/80
Property – Possession – Decreed - Court set aside judgment of High court dated and restore that of learned 1st Additional District Judge dated with following modification - Executing court will determine with help of Ex 3 and such other evidence which parties may adduce whether decreeholders have established satisfactorily identity of property in regard to which they have obtained decree under execution – Held, If identity of property is established but not otherwise decree will be executed and decreeholders will be put in possession of property in accordance with law - It will of course be open to judgment- Debtors to show that decree is incapable of execution for reason that property cannot be properly identified - Appeal Disposed of
(1) HEARD counsel. Special leave granted.
(2) WE set aside the judgment of the High court dated 30/06/1980 and restore that of the learned 1st Additional District Judge, Lucknow dated 19/04/1979) with the following modification : "The executing court will determine, with the help of Ex. 3 and such other evidence which the parties may adduce, whether the decreeholders have established satisfactorily the identity of the property in regard to which they have obtained the decree under execution. If the identity of the property is established, but not otherwise, the decree will be executed and the decreeholders will be put in possession of the property in accordance with law. It will, of course, be open to the judgment- debtors to show that the decree is incapable of execution for the reason that the property cannot be properly identified."
(3) THERE will be no order as to costs.
(4) THE appeal shall stand disposed of in terms of this Order.
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