VidhiSangh

Supreme Court of India · 05/03/2025

PERIYAMMAL (DEAD) THROUGH LRS & ORS. versus V. RAJAMANI & ANR. ETC.

[2025] 3 S.C.R. 540 · 2025 INSC 329

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Summary

Decree-holders under a 1986 decree for specific performance with possession, affirmed up to the Supreme Court by 2006, were obstructed in execution by the vendors' nephews, defendants in the suit who had never contested it and now claimed to be cultivating tenants; the executing court allowed their Section 47 CPC objection and the Madras High Court affirmed. The Supreme Court held that obstruction to a possession decree is adjudicated under Order XXI Rules 97 to 103 CPC, that the executing court cannot go behind the decree or re-try issues that belonged to the suit, and that the respondents' claim was collusive and gave them no independent right or protection under the Tamil Nadu Cultivating Tenants' Protection Act, 1955; it ordered delivery of possession within two months and directed all High Courts to ensure pending execution petitions are disposed of within six months.

Issues

  1. Whether the courts below erred in upholding the respondents' objection to execution of the decree on the claim that they were in possession of the suit property as cultivating tenants.
  2. Whether the respondents were entitled to protection under the Tamil Nadu Cultivating Tenants' Protection Act, 1955 and whether the executing court could decide the validity of the decree, as a nullity for want of jurisdiction, on that ground.
  3. What is the scope of an executing court's adjudication under Section 47 CPC as compared with Order XXI Rules 97 to 103 CPC when a decree for possession is resisted.
  4. Whether the High Court was right to reject as not maintainable the decree-holders' applications to amend the execution petition.

Provisions considered

Held

Result

Appeals allowed; the High Court's common order dated 18.12.2019 and the orders of the executing court set aside; the executing court to ensure that vacant and peaceful possession of the suit property is handed over to the appellants as decree-holders, with police aid if necessary, within two months; Registry to forward the judgment to all High Courts, which are to report on disposal of pending execution petitions, the matter to be listed after seven months for compliance; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 540.