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AJIT KUMAR
Shankar Lal Gupta – Appellant
Versus
Ashok Kumar Gupta – Respondent
JUDGMENT :
AJIT KUMAR, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Manas Bhargava, learned counsel for the petitioner and Sri Manish Tandon, learned counsel for the contesting respondents.
3. Petitioner before this court claims to be in possession of the property in question by virtue of transfer of possession given to him by erstwhile tenant and is aggrieved by the order passed by the executing court rejecting his application being Paper No. -4-C filed under Order XXI Rule 97 C.P.C.
4. Petitioner does dispute the title of decree holder in respect of the property in question but submits that manner in which his application is rejected is against the principle contained in the provisions of Order XXI Rule 97, 98, 99 and 100 C.P.C.
5. It is further contended by learned counsel for the petitioner that he has instituted a suit for permanent prohibitory injunction against the decree holder being O.S. No. -1269 of 2023 in which he is enjoying temporary injunction order against decree holder and, therefore, so long as interim order is continuing, petitioner cannot be evicted by the executing court in satisfaction of the decree.
Learned counsel for the petitioner ha
A pendente lite transferee cannot resist the execution of a decree for possession of immovable property, as any transfer made during the pendency of a suit is void under Section 52 of the Transfer of....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
Transferees pendente lite do not have the right to obstruct execution of a decree as their claims are invalid under relevant procedural rules.
Parties entering into agreements during litigation are denied protective rights under Order XXI, emphasizing that statutory tenant claims cannot override existing injunctions.
A bona fide purchaser who acquires property during the pendency of litigation is barred from contesting the execution of a decree against the prior owner.
(1) One who claims possession has to give all relevant details and he has to disclose basis of his claim to continue in possession. (2) A person in a settled possession even on assumption that he had....
A trespasser cannot claim ownership based on unlawful possession; clear legal grounds for ownership must be established.
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