VidhiSangh

Supreme Court of India · 22/09/2022

HINDUSTAN PETROLEUM CORPORATION LTD. versus AJAY BHATIA

[2022] 17 S.C.R. 527 · 2022 INSC 1005

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Summary

HPCL ran two petrol pumps on contiguous plots at Azadpur, Delhi: Plot 4/4, leased by the respondent's grandfather to Caltex, and Plot 4/5, originally leased to Esso and partly Delhi Government land. The respondent obtained a decree for possession of Plot 4/4 (9,700 sq. ft.) under Order XII Rule 6 CPC, with mesne profits later fixed at Rs. 50,000 a month from 1 March 2006. In execution, relying on the hand-drawn site plan annexed to the plaint, he took possession of land including part of Plot 4/5. The Executing Court and the High Court rejected HPCL's objections. The Supreme Court allowed the appeals. The decree covered only Plot 4/4 and could not be executed against Plot 4/5. The Executing Court must appoint a Revenue Officer as Local Commissioner to demarcate Plot 4/4 and restore any excess land to HPCL. Mesne profits are to be recomputed.

Issues

  1. Whether a decree for possession of Plot 4/4 can be executed against the adjoining Plot 4/5 or Delhi Government land on the basis of a hand-drawn plan annexed to the plaint
  2. Whether the Executing Court must ascertain and demarcate the decretal property where it is not definitely identified
  3. How mesne profits are to be computed where possession of the wrong land was taken in execution

Provisions considered

Held

Result

Appeals allowed and the High Court's order set aside. The execution applications are remitted for fresh decision: Plot 4/4 is to be demarcated through a Revenue Officer and delivered to the respondent, excess land restored to HPCL, and mesne profits recomputed.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 527.