Summary
The Court held that the executing court had to implead the Bangalore Development Authority and adjudicate its objection to delivery of possession under an ejectment decree. BDA claimed title through an acquisition predating the lease on which the decree rested, and relied on acquisition and possession records. Its objection could not be rejected merely because its possession was considered unproved. The pending separate suit did not displace the executing court’s obligation to decide the relevant questions of right, title and interest.
Issues
- Whether the executing court had to adjudicate BDA’s claimed acquisition-based title and objection to delivery of possession.
- Whether a pending separate suit excused determination of those questions in execution.
Provisions considered
- Order XXI Rules 97 and 101, Code of Civil Procedure, 1908Relevant questions of right, title or interest arising in resistance or obstruction proceedings must be decided by the executing court, without requiring a separate suit. (¶¶ 5, 5.1, 6, 7)
Held
- BDA claimed that the land had been acquired and vested in it before the decree holder and judgment debtor entered their lease. An award and a notification evidencing possession supported the need to adjudicate that claim; the objection could not be dismissed on the approach adopted by the courts below. (¶¶ 5, 6)
- Rule 101 requires the executing court to determine relevant questions of right, title and interest in proceedings under Rule 97 or Rule 99. BDA’s pending suit seeking to invalidate the lease did not remove that obligation. (¶¶ 5.1, 6)
- BDA was to be impleaded and its objection, including its claimed acquisition-based interest in the land, adjudicated within six months after receipt of the judgment. The Court directed adjudication rather than finally determining title or the validity of the lease. (¶¶ 7, 8)
Result
Appeals allowed to the stated extent. The High Court and executing court orders rejecting BDA’s applications were set aside; impleadment and adjudication directed within six months after receipt of the judgment, without costs.