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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J
Indira Devi Surana W/o Sri Raj Karan Surana – Appellant
Versus
Roopchand Kucheria S/o Late Moolchand Kucheria – Respondent
JUDGMENT AND ORDER (ORAL)
DEVASHIS BARUAH, J.
Heard Mr. B. D. Deka, the learned counsel appearing on behalf of the petitioner and Mr. A. Sancheti, the learned counsel appearing on behalf of the respondents.
2. This is a case where a tenant who had suffered a decree of ejectment in order to nullify the same, have resorted to all litigative acrobatics and the present one, through one of the joint decree holders.
3. The petitioner herein who was one of the joint decree holders had approached this Court challenging the order dated 06.02.2025 whereby an application filed by the petitioner under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) was dismissed by the learned Executing Court, i.e. the Court of the Civil Judge (Senior Division), Bongaigaon as well as non-consideration of the application filed under Order XXI Rule 15 of the Code.
4. The present application is filed invoking the supervisory jurisdiction of this Court rather than the revisional jurisdiction under Section 115 of the Code. It is well settled by the Supreme Court in the case of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Others vs. Tuticorin Educational Society and
The court affirmed that a tenant's collusive attempts to nullify a lawful eviction decree are impermissible, emphasizing the need for judicial efficiency and discouraging frivolous litigation.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
The execution of a non-existent decree violates judicial principles, requiring courts to act within their jurisdiction per civil procedure rules.
The executing court's authority under Section 47 CPC does not permit re-examining claims already adjudicated, affirming the finality of past decisions in execution matters.
Objection to execution of decree must be raised at appropriate stage.
The transferee of property can execute a decree without a separate assignment of the decree as per the amended provisions of the Code of Civil Procedure, 1908.
A single co-owner can initiate eviction proceedings against a tenant without the consent of other co-owners based on agency principles, supporting the maintainability of such petitions.
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