AI Overview...
Can a Tenant File Petition under Order 21 Rule 97 against Decree Holder?
In execution proceedings for possession of immovable property, disputes often arise when someone resists or obstructs the decree holder. Order 21 Rule 97 of the Code of Civil Procedure (CPC), 1908, allows certain parties to file applications addressing such resistance. But can a tenant file a petition under Order 21 Rule 97 against the decree holder? This question frequently surfaces in landlord-tenant disputes, eviction decrees, and property execution cases. This post breaks down the legal position based on judicial precedents, helping you understand the scope, maintainability, and limitations.
Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation, as outcomes depend on facts.
What is Order 21 Rule 97 CPC?
Order 21 Rule 97 deals with resistance or obstruction to possession of immovable property during execution of a decree. It states that where the holder of a decree for possession is resisted or obstructed by 'any person' in obtaining possession, the decree holder may apply to the court to remove the obstruction.
Key provisions:
- Rule 97(1): Application by decree holder or auction purchaser against 'any person' resisting possession.
- Rule 98: Court investigates the claim and passes orders.
- Rule 101: All questions (right, title, interest) between parties are determined by the executing court, not by a separate suit. Shalini Shyam Shetty VS Rajendra Shankar Patil - 2010 Supreme(SC) 609 LATHEEF.M vs THE HOSDURG SERVICE CO-OPERATIVE BANK LTD - 2025 Supreme(Online)(Ker) 15262
The rule aims to provide a summary remedy in execution proceedings, avoiding multiplicity of suits. However, not everyone can invoke it.
Who Can File Under Order 21 Rule 97?
Primarily: Decree Holder or Auction Purchaser
Courts consistently hold that applications under Order 21 Rule 97 are typically filed by the decree holder or auction purchaser when possession is resisted. They cannot be filed by just anyone.
Only decree holder or auction purchaser of property can file application under Order 21 Rule 97 and 101 read with Section 151—Execution of decree—Objection—Right to make application in case possession is resisted or obstructed has been conferred only upon decree holder or auction purchaser. Noorjahan VS Zaibun Nisa
Petitioners who are neither decree holders nor claiming through judgment debtors lack locus standi to file such applications. Noorjahan VS Zaibun Nisa
'Any Person' Includes Third Parties and Tenants – But With Limits
The phrase 'any person' in Rule 97 is broad. Third parties claiming independent rights (including tenants) can resist execution and have their claims adjudicated under Rules 97-101.
- A tenant or purchaser asserting independent title can object to delivery of possession. The executing court must adjudicate their right, title, or interest. KARUNAKARAN vs MALAVAN - 2025 Supreme(Online)(Mad) 24368 Salik Ram Singh @ Salik Ram VS Addl. District Judge Court No. 3 Gonda - 2022 Supreme(All) 116
- Post-1996 Amendment: Rules 97-103 form a complete code. Even without a decree holder's complaint, a resister can file objections if claiming independent rights. The court determines all relevant questions. Salik Ram Singh @ Salik Ram VS Addl. District Judge Court No. 3 Gonda - 2022 Supreme(All) 116
The term 'any person' in Order 21 Rule 97 CPC includes third parties claiming independent rights, allowing them to resist dispossession. KARUNAKARAN vs MALAVAN - 2025 Supreme(Online)(Mad) 24368
However, tenants must prove independent rights, not derived from the judgment debtor.
Can a Tenant Specifically File the Petition?
Yes, in limited cases – but typically, tenants resist or object rather than proactively 'file petitions' as applicants. Here's the nuance:
Tenants Claiming Independent Rights
- A bona fide tenant with pre-existing rights can file objections under Rule 97, and the court will adjudicate. For example, if a tenant purchased property before attachment, they can resist auction execution. KARUNAKARAN vs MALAVAN - 2025 Supreme(Online)(Mad) 24368
- Executing court cannot shirk responsibility: It must determine if the tenant's claim is valid under Rule 101. Separate suits are barred. Seth Daryablal Manik Lal Tadaiya VS Siddh Gopal Kudariya - 2022 Supreme(All) 233
Limitations for Tenants
- Judgment Debtor Tenants Cannot File: A judgment debtor (including sitting tenants against whom decree is passed) cannot maintain an application under Rule 97. Their rights were already adjudicated in the decree.
The court ruled that a judgment debtor cannot maintain an application under Order 21 Rule 97, as the rights of the decree holder and judgment debtor have already been adjudicated in the decree. LATHEEF.M vs THE HOSDURG SERVICE CO-OPERATIVE BANK LTD - 2025 Supreme(Online)(Ker) 15262 Latheef M. S/o Kunjabdulla B. vs Hosdurg Service Co-Operative Bank Ltd. - 2025 Supreme(Ker) 1463
- Pendente Lite Tenants: Tenants inducted during suit pendency (transferees pendente lite) get no protection under Rule 102. They cannot resist execution. M.S.Eva Laberibe, Director Maison des Arts Private Limited vs S.Radhakrishnan - 2024 Supreme(Mad) 2532 Debabrata Saha, S/o Late Suresh Chandra Saha VS Nibedita Das - 2023 Supreme(Gau) 627
Law is well settled that in view of mandate of Rule 102 of Order 21, the Rules 98 and 100 would not apply in cases where resistance or obstruction... by a person whom the judgment debtor has transferred the property after institution of the suit. Debabrata Saha, S/o Late Suresh Chandra Saha VS Nibedita Das - 2023 Supreme(Gau) 627
- No Dual Tenancy: A tenant cannot claim rights under the decree holder when judgment debtor is declared in possession. RAMACHANDRA VS KEMPAMMA - 2002 Supreme(Kar) 456
Practical Scenarios for Tenants
- Pre-Suit Tenant: Valid claim; court adjudicates under Rule 97/101.
- Tenant from Decree Holder: May not sustain if judgment debtor's possession is upheld.
- Post-Decree Tenant: Likely barred if pendente lite.
In eviction suits, tenants objecting to execution must do so via Rule 97; injunctions from separate suits won't help. Mrs. Papathi Amma VS Natarajan and others - 1999 Supreme(Mad) 2812 R. Prakash VS Ramesh Kumar Jain - 2000 Supreme(Kar) 819
Key Judicial Precedents
| Case ID | Key Holding |
|---------|-------------|
| LATHEEF.M vs THE HOSDURG SERVICE CO-OPERATIVE BANK LTD - 2025 Supreme(Online)(Ker) 15262 | Judgment debtor cannot file under Rule 97; rights already decided. |
| Noorjahan VS Zaibun Nisa | Only decree holder/auction purchaser can apply; third parties without rights cannot. |
| Salik Ram Singh @ Salik Ram VS Addl. District Judge Court No. 3 Gonda - 2022 Supreme(All) 116 | Independent right claimants (e.g., tenants) can file objections; complete code under Rules 97-103. |
| KARUNAKARAN vs MALAVAN - 2025 Supreme(Online)(Mad) 24368 | 'Any person' includes third-party tenants with independent claims. |
| Debabrata Saha, S/o Late Suresh Chandra Saha VS Nibedita Das - 2023 Supreme(Gau) 627 | Rule 102 bars pendente lite transferees, including tenants. |
These rulings emphasize efficient execution while protecting genuine independent rights.
Related Concepts: Waiver, Jurisdiction, and Alternatives
- No Waiver of Jurisdiction: Even consent cannot confer jurisdiction if lacking inherently. Kiran Singh VS Chaman Paswan - 1954 Supreme(SC) 66
- Executing Court Powers: Cannot go behind the decree (Section 47); must focus on resistance claims. Noorjahan VS Zaibun Nisa
- Alternatives: If not under Rule 97, suits may be barred; use Rule 99 for dispossession claims. Obstructions by non-parties may invoke Rule 101. Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho, Jammu vs Wazir Onkar Singh S/o Late Wazir Mansa Ram - 2025 Supreme(J&K) 71
Key Takeaways
- Decree holders primarily file under Order 21 Rule 97 to remove obstructions.
- Tenants with independent rights can resist and object; courts must adjudicate.
- Judgment debtors and pendente lite tenants typically cannot invoke Rule 97.
- Always prove independent title; executing court is the forum – no parallel suits.
- Rule 102 is a major bar for post-suit transfers.
In summary, while tenants may resist under Order 21 Rule 97 if claiming bona fide independent rights, they cannot file as applicants if they are judgment debtors. Each case turns on facts like timing of tenancy and nature of claim. For tailored advice, approach the executing court promptly or consult legal experts.
Disclaimer: Laws and interpretations evolve. This post references judgments as of available data and is for informational purposes only.
Search Results for "Can a Tenant File Petition Under Order 21 Rule 97?"
1982 0 Supreme(SC) 255 • India - Supreme Court
BAHARUL ISLAM, D. A. DESAI, O. CHHINNAPPA REDDY, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
ARTICLE FORBIDS CLASS LEGISLATION - TEST OF REASONABLE CLASSIFICATION - REGISTERED SOCIETY HAS LOCUS-STANDI TO MAINTAIN WRIT PETITION ... FOR PROTECTING RIGHTS OF MANY OLD INFIRM RETIRED PERSONS. ... JudgmentDESAI, J. - With a slight variation to suit the context Wolseys ... In reply to this contention set out in para 19 of the petition, Mr. S. N. ... of land, whether a tenant has been in occupati....
2010 0 Supreme(SC) 609 • India - Supreme Court
G.S.SINGHVI, ASOK KUMAR GANGULY
Writ Petition - Claim petition - Plaintiff the original defendant was the tenant in respect of Room - Respondent ... tenant and where the only respondent is a private landlord - Appeal allowed. ... /plaintiff filed a suit for eviction on the grounds of breach of terms of tenancy, damage to the property as well as causing nuisance ... Disputes relating to partition suits, matters relating to #HL_ST....
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
if there is an instrumentality or agency of the State which has assumed the garb of a Government Company as defined under this ... UNDER THIS SECTION IS “THE STATE” WITHIN THE MEANING OF ARTICLE 12 - ... ... It is nothing but the Government operating behind a corporate veil, carrying out a governmental activity and governmental functions ... As the Corporation is "the State", they, therefore. adopted the far more efficacious remedy of#HL_....
1990 0 Supreme(SC) 567 • India - Supreme Court
J.S.VERMA, R.M.SAHAI
- Held, Non-arbitrariness, being a necessary concomitant of the rule of law, it is imperative that all actions of every public functionary ... P. including that of the petitioner in this writ petition - Subsequent rights of this petitioner also would be governed in the manner ... for us to go into that question also since order, we are making, governs the case of all Government counsel in the districts throughout .....
1977 0 Supreme(SC) 313 • India - Supreme Court
JASWANT SINGH, V.R.KRISHNA IYER
Code of civil Procedure - O. 7 R. 11 & O. 10 - On a meaningful reading of ... - Sec. 35 A - Court can take deterrent action in awarding cost on satisfaction that the suit is vexatious and altogether groundless ... 4 - Advocates are officer of justice and one duty to the society-Advocates should refuse to be beguiled by delirious client for filing ... Petition dismissed. ... He sought an injunction against the execution of....
2025 Supreme(Online)(Ker) 15262 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
- The court ruled that a judgment debtor cannot maintain an application under Order 21 Rule 97, as the rights of the decree holder ... (A) Code of Civil Procedure, 1908 - Order 21 Rule 97 - Execution proceedings - Dismissal of application resisting deliver....
2023 0 Supreme(Gau) 627 • India - Gauhati
ARUN DEV CHOUDHURY
Finding of the Court: Law is well settled that in view of mandate of Rule 102 of Order 21, the Rules 98 and ... the judgment debtor has transferred the property after institution of the suit in which decree was passed. ... Code of Civil Procedure, 1908 - Section 100 - Rule 97, 99, 101, 102 - Appeal - Transfer pendente lite - ... The present app....
• India - Current Civil Cases
KRISHNA MURARI
(i) Civil Procedure Code, 1908—Order 21 Rule 97 and 101 read with Section 151—Execution of decree—Objection—Right to make application ... right to make any objection or application under Order 21 Rule 97 CPC—They themselves were responsible for creating obstruction and ... as such, application or objection ma....
1999 0 Supreme(Mad) 2812 • India - Madras
B.AKBAR BASHA KHADIRI
EXECUTION OF DECREE - DELIVERY OF POSSESSION - OBSTRUCTION - SUBSEQUENT SUIT FOR INJUNCTION - EFFECT - ORDER 21, RULE 97, 99 AND ... in execution of a decree, claiming that an injunction had been granted against the decree-holder in a separate suit. ... under Order 21, Rule 97 of#H....
2025 Supreme(Online)(Mad) 24368 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
Court's Findings: The lower court rejected the application, asserting only decree holders could resist under Order 21 Rule 97. ... Statute Analysis: Under Order 21 Rule 97 CPC, resistance to possession of immovable property can be made by 'any person' claiming ... ... ... Result: This Civil Revision Petition is allowed. ... ....
2002 0 Supreme(Kar) 456 • India - Karnataka
K.L.MANJUNATH
Execution of decree -obstructor s claim ... Order 21, Rule 97 - Order ... 21 Rule 97 -Execution of decree for taking possession -protested by obstructor -contention, that he was in possession as lessee ... Since Order 21, Rule 97 is applicable to the person who claims an independent right not either under the Judgment Debtor or Decree Holder, the petitioner cannot invoke the provisions of Order #H....
2022 0 Supreme(All) 233 • India - Allahabad
Finding of the Court: It is true that Rule 99 of Order 21 is not available to any person until he is dispossessed ... justify">Transfer of Property Act - Section 52 - Constitution of India - Article 227 – Civil Procedure Code, 1908 - Section 151 - Order ... 21 Rule 97-101 – Tenant - Arrears of Rent - Petition filed Suit against respondent no. 2 for arrears of rent and ejectment - Claiming ... While Order 21 Rule 97 conceives of cases where delivery o....
2022 0 Supreme(All) 116 • India - Allahabad
21 Rule 97 and Order 21 Rule 99 CPC - Maintainability of application under Order 21 Rule 97 CPC by a person claiming independent ... 21 Rule 97 CPC - Interpretation of relevant provisions - Scope and ambit of Order 21 Rules 97 to 103 CPC - Distinction between Order ... The petitioner filed an application under Order 21 Rule 97 CPC before the Execution Court, claiming his independent rights over th....
2024 0 Supreme(Mad) 2532 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT.TEEKAA RAMAN
21 Rule 97 of C.P.C and also in view of the Order XXI Rule 102 of C.P.C. ... (i) Whether the appellant/obstructer is a statutory tenant is entitled for protection under Order XXI Rule 97 of C.P.C(ii) Whether order XXI Rule 102 C.P.C shall come into rescue of the respondent-decree holder . ... under Order 21 Rule#HL_E....
2024 Supreme(Online)(Mad) 78020 • India - BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RMT.TEEKAA RAMAN
21 Rule 97 of C.P.C and also in view of the Order XXI Rule 102 of C.P.C. ... (i) Whether the appellant/obstructer is a statutory tenant is entitled for protection under Order XXI Rule 97 of C.P.C (ii)Whether order XXI Rule 102 C.P.C shall come into rescue of the respondent-decree holder .14. ... under Order 21 Rule#H....
Filter by Legal Phrase
