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DELHI HIGH COURT
PRATHIBA M.SINGH
Santra Devi – Appellant
Versus
Paramjit Kaur – Respondent
| Table of Content |
|---|
| 1. appeal arises from executing court's order. (Para 2 , 3) |
| 2. decree of possession in favor of plaintiffs. (Para 4 , 5) |
| 3. appellants defaulted on payment terms. (Para 6) |
| 4. objections raised by appellants regarding property ownership. (Para 10 , 11 , 12) |
| 5. court's evaluation of dda's role and possession. (Para 14 , 15 , 16 , 19) |
| 6. legal precedence concerning acquired land's decree. (Para 22 , 23) |
| 7. appeal disposed with directives for execution. (Para 24) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present appeal arises out of the impugned order dated 25th January, 2020 passed by the Ld. ADJ-01 (NE), Karkardooma Courts, Delhi (hereinafter "Executing Court") in Ex. No. 786/2018 titled Paramjit Kaur v. Santra Devi, by which the objections filed by the Judgment Debtor/Appellant herein, were rejected by the Executing Court. Further, by the impugned order, the Executing Court has issued warrants of possession in respect of the property bearing No. H-39, Gali No. 3, Shastri Park, Delhi- 110053 (hereinafter "suit property") and warrants of attachment against the moveable assets of the Judgment Debtors therein, including the
The court emphasized that established decrees must be honored and that non-compliance with prior court orders can invalidate claims to retain possession of property.
Conflicting claims of ownership and rights over the land require adjudication through trial, and the court refrained from making any decision on the merits of the claims.
Ownership claims must be supported by existing legal documentation while adherence to limitation statutes may limit recovery rights in possession suits.
The court upheld the DDA's right to possess land acquired under the Land Acquisition Act, affirming the finality of the Supreme Court's judgment.
Certified copy of Jamabandi entries admissible in evidence under Section 76 of Indian Evidence Act, 1872.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
The importance of establishing right, title, and interest in a property through evidence and the finality of judgments in previous legal proceedings.
Compensation must be paid for un-acquired land vested in the Government under Section 17(1) of the Land Acquisition Act, and restoration of possession cannot be granted.
Government agencies must meet the same standards as private parties when seeking to condone delays; the safeguarding of public land is paramount in legal proceedings.
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