Execution - dispossession by degree holder - without establishing right, title, obstructor cannot claim Restoration of possession - Restoration not allowed.
Citation
Shamsher Singh & Another Versus Lt. Col. Nahar Singh (D) Thr. Lrs. & Others
Code of Civil Procedure – Order XXI Rules 98, 99 and 100 – Adverse possession – Right, title or interest in Property – Executing Court rejected Misc. Case filed by Respondent No.1 – Trial court held that Respondent No.1 failed to prove that he had acquired title by way of adverse possession – Against order rejecting the Misc. applications filed by Respondent No.1, first appeal was filed by Respondent No.1 in High Court, which was allowed – High Court had set aside order of Executing Court disposing application filed by Respondent No.1 under Order XXI Rules 98, 99 and 100 with direction that Appellant-Respondent No.1 should be put back into possession of suit property – Hence, this appeal
Court held – Executing Court has considered application of Respondent No.1 in right perspective and has clearly held that Respondent No.1 failed to prove his title by adverse possession – High Court committed error in observing that in application proceedings under Order XXI Rules 99, 100 and 101, Court is not to decide such question – Without determination of right, title or interest, application could not have been allowed – on mere fact that Respondent No.1 was in possession of premises prior to being dispossessed, they should be put back into possession – For putting back into possession, Respondent No.1 was obliged to establish his title to property by adverse possession, without which, he could not have asked Court to put him back into possession – High Court erred in allowing appeal and Executing Court rightly rejected application filed by Respondent No.1 – Appealallowed.
(Para 28)
Cases Referred:
Noorduddinv. Dr K.L. Anand, (1995) 1 SCC 242 it is held: (SCC p. 249, para 8)
Silverline Forum Pvt. Ltd. Vs. Rajiv Trust and Another, (1998) 3 SCC 723
Ghasi Ram and Others Vs. Chait Ram Saini and Others, (1998) 6 SCC 200
Ashan Devi and Another Vs. Phulwasi Devi and Others, (2003) 12 SCC 219
Comparative Citations:
2019 (5) ALT 194, 2019 (6) CTC 71, 2019 AIR(SC) 4840, 2019 (4) ALD 258, 2019 DNJ 773, 2019 (8) JT 165, 2020 (2) MAH.L.J 282, 2019 (3) RCR(Civil) 926, 2019 (10) Scale 93, 2019 (8) SLT 127, 2020 (1) WLN 104, 2020 (2) LW 573, 2020 AIR(SC)(Civil) 937, 2019 (137) ALLLR 263, 2019 (4) CivCC 282, 2019 (128) CLT 985, 2019 (3) JLJR 397, 2020 (1) MPLJ 525, 2019 (3) Pat LJR 381, 2019 (7) SCJ 95, 2020 (1) WLN 104,
Court held – Executing Court has considered application of Respondent No.1 in right perspective and has clearly held that Respondent No.1 failed to prove his title by adverse possession – High Court committed error in observing that in application proceedings under Order XXI Rules 99, 100 and 101, Court is not to decide such question – Without determination of right, title or interest, application could not have been allowed – on mere fact that Respondent No.1 was in possession of premises prior to being dispossessed, they should be put back into possession – For putting back into possession, Respondent No.1 was obliged to establish his title to property by adverse possession, without which, he could not have asked Court to put him back into possession – High Court erred in allowing appeal and Executing Court rightly rejected application filed by Respondent No.1 – Appealallowed.
(Para 28)
Cases Referred:
Noorduddinv. Dr K.L. Anand, (1995) 1 SCC 242 it is held: (SCC p. 249, para 8)
Silverline Forum Pvt. Ltd. Vs. Rajiv Trust and Another, (1998) 3 SCC 723
Ghasi Ram and Others Vs. Chait Ram Saini and Others, (1998) 6 SCC 200
Ashan Devi and Another Vs. Phulwasi Devi and Others, (2003) 12 SCC 219
Comparative Citations:
2019 (5) ALT 194, 2019 (6) CTC 71, 2019 AIR(SC) 4840, 2019 (4) ALD 258, 2019 DNJ 773, 2019 (8) JT 165, 2020 (2) MAH.L.J 282, 2019 (3) RCR(Civil) 926, 2019 (10) Scale 93, 2019 (8) SLT 127, 2020 (1) WLN 104, 2020 (2) LW 573, 2020 AIR(SC)(Civil) 937, 2019 (137) ALLLR 263, 2019 (4) CivCC 282, 2019 (128) CLT 985, 2019 (3) JLJR 397, 2020 (1) MPLJ 525, 2019 (3) Pat LJR 381, 2019 (7) SCJ 95, 2020 (1) WLN 104,
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