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1997 Supreme(SC) 95

A.S.ANAND, S.B.MAJMUDAR
Brahmdeo Chaudhary – Appellant
Versus
Rishikesh Prasad Jaiswal – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • A stranger occupying decretal premises in his own right and resisting the execution of a decree can request the executing court to adjudicate upon his resistance and obstruction without the necessity of first handing over possession and then applying under Order XXI Rule 99 CPC (!) (!) .

  • The proper procedure in case of resistance by a stranger is under Order XXI Rule 97 CPC, which mandates that the court must adjudicate upon the resistance or obstruction before proceeding further (!) .

  • The words "any person" in Order XXI Rule 97 CPC are comprehensive enough to include strangers to the decree, not just judgment debtors or those claiming through them (!) .

  • Resistance or obstruction offered by a person claiming independent rights in the property, who is not a judgment debtor, falls within the scope of Order XXI Rule 97, and such resistance must be adjudicated upon before dispossession (!) (!) .

  • The application seeking police aid for the removal of obstruction cannot bypass the procedure laid down in Order XXI Rule 97 CPC; it must follow the adjudication process under that rule (!) .

  • The remedy for a stranger who has been dispossessed before having the chance to resist or claim rights is under Order XXI Rule 99 CPC, which allows such a person to file an application claiming illegal dispossession and seeking restoration of possession (!) .

  • The statutory scheme of Order XXI Rules 97 to 103 provides a complete code for resolving disputes related to execution of decrees for possession, including resistance by strangers (!) .

  • The court must follow the prescribed procedure when a resistance or obstruction is encountered, including adjudication on merits, to avoid breach of natural justice principles and ensure a fair hearing for all parties involved (!) (!) .

  • The remedy for a stranger claiming rights in the property and resisting execution is available at the stage of resistance, prior to actual dispossession, and not only after losing possession (!) .

  • The court must consider objections and claims of a stranger to the decree on merits before dispossession, following the statutory procedure, rather than dismissing them as premature or directing a separate application under Rule 99 (!) .

  • The statutory provisions aim to prevent arbitrary dispossession and ensure that objections based on independent rights are adjudicated properly within the execution proceedings (!) .

  • The court must decide upon the resistance or claim of the stranger within a reasonable timeframe, especially given the age of the decree and pending proceedings, to prevent unnecessary delays (!) .

  • The appellate court emphasized that the existing legal framework provides adequate procedures for resolving resistance and objections during execution, and these procedures must be followed to uphold principles of justice and fairness (!) .

  • The order of the executing court and the High Court dismissing the objections of the stranger and directing only a subsequent application under Rule 99 was found to be improper, and the proceedings were remanded for proper adjudication under Order XXI Rule 97 (!) .

  • The sole surviving obstructionist in the case was the appellant, and the court directed that only his claim and objections be considered in the remanded proceedings (!) .

  • The court emphasized the importance of adjudicating objections on merits before dispossession to avoid violations of natural justice and to ensure fair opportunity for all parties (!) .

  • The appeal was allowed, and the proceedings were remanded to the lower court for re-evaluation of the application under the correct procedural provisions, ensuring that the resistance by the appellant is properly adjudicated (!) .

Please let me know if you need further elaboration or assistance.


JUDGMENT

S.B. Majmudar, J.-In this appeal by special leave the appellant has posed a short question for our consideration. It runs as under :

"Whether the appellant who claims to be a stranger, occupying decretal premises in his own right and who has offered resistance to the execution of the decree obtained by the decree-holder against the judgment-debtor qua such property can request the Executing Court to adjudicate upon his resistance and obstruction without being insisted upon that first he must hand over possession and then only move an application under Order XXI Rule 99 Code of Civil Procedure ( CPC for short) ?"

The High Court agreeing with the Executing Court has negatived the aforesaid request of the appellant by holding that such stranger to the decree who has put forward his obstruction in the execution proceedings has the only remedy under Order XXI Rule 99, CPC after his obstruction is first removed and he is dispossessed of the premises. This Court granted special leave to appeal to the appellant under Article 136 of the Constitution of India and granted stay of dispossession by its order dated 17th September 1996. Shri Sanyal, learned senior counsel for the appellant
















































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Judicial Analysis

There are no explicit indications in the provided list that any of the cases, including Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal (AIR 1997 SC 856) and its numerous references, have been overruled, reversed, or explicitly criticized as bad law. Although many entries cite or rely upon Brahmdeo Chaudhary, none explicitly state that it has been overruled or discredited. The repeated references to this case suggest it remains a significant precedent, and there is no language indicating that any subsequent decision has explicitly negated or questioned its validity.

Many entries indicate that the case of Brahmdeo Chaudhary (AIR 1997 SC 856) has been followed or relied upon in subsequent judgments. Phrases like "the Supreme Court in Brahmdeo Chaudhary (supra) has held," "reiterated by the Apex Court in Shreenath," and "the ratio of the judgments of the Supreme Court in Brahmdeo Chaudhary’s case (1 supra) and Silverline Forum’s case (2 supra) constitutes" demonstrate that the case continues to be authoritative and has been adopted as legal precedent. For example, entries such as Prakash Solanki VS Tek Singh - 2009 0 Supreme(Raj) 39, Prakash Solanki VS Tek Singh - 2009 0 Supreme(Raj) 40, and V. K. Kannadasan S/o. Karuppaswami VS Radhakrishnan S/o. Velappan - 2018 0 Supreme(Ker) 391 explicitly mention the case as a basis for legal reasoning.

There are no clear indications that any case has been distinguished or set apart from Brahmdeo Chaudhary’s ruling in a manner suggesting disagreement or deviation. The references seem to reinforce its importance rather than differentiate from it.

No entries explicitly criticize or question the validity of Brahmdeo Chaudhary. The list does not contain language indicating that the case has been challenged or doubted in subsequent rulings.

Some entries, such as KRISHNA GAJANANA VEDESHWAR VS NARAYAN GAJANAN VEDESHWAR - 2005 0 Supreme(Kar) 23 and Gurnam Singh VS Rajasthan Mahila Vidhyalaya Anr. - 2010 0 Supreme(Raj) 1497, mention that the case in Brahmdeo Chaudhary is "not applicable" or "has no relevance" to specific facts or proceedings, indicating a nuanced or limited treatment rather than outright overrule or criticism. These suggest that while the case remains authoritative, its applicability may be limited in certain contexts, making the treatment somewhat uncertain in those specific instances.

Additionally, the numerous references to the case in various contexts—sometimes as a foundational authority and other times as a point of comparison—do not clarify whether the case’s legal principles are universally accepted or are subject to limitations. Hence, treatment in some instances remains somewhat ambiguous.

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