VidhiSangh

Supreme Court of India · 06/12/2021

BANGALORE DEVELOPMENT AUTHORITY versus N. NANJAPPA AND ANOTHER

[2021] 9 S.C.R. 351 · 2021 INSC 827

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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

  1. Whether the executing court had to adjudicate BDA’s claimed acquisition-based title and objection to delivery of possession.
  2. Whether a pending separate suit excused determination of those questions in execution.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 351.