Third person other than JD Dispossed - Filed petition under rule 99 - all questions including right, title or interest in the property between the parties to the proceeding arising on application under R. 99 by such third person, are required to be adjudicated by executing court.

Citation

(2020) 3 Supreme Court Cases (Civ) 452 (2019) 17 Supreme Court Cases 279

(BEFORE ASHOK BHUSHAN AND NAVIN SINHA, JJ.) 

SHAMSHER SINGH AND ANOTHERAppellants;

 Versus

LIEUTENANT COLONEL NAHAR SINGH (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERSRespondents.

Civil Appeal No. 5632 of 2019*, 

decided on July 29, 2019

A. Civil Procedure Code, 1908-Or. 21 Rr. 99, 101 and 103 (as amended by CPC Amendment Act 104 of 1976) - Effect of amendment - Third person other than judgment-debtor complaining of its dispossession from suit property by decree-holder or purchaser in execution of decree, held, can no longer be put back into possession merely on establishing that it i.e. such third party was in possession prior to being dispossessed from the suit property Rather, after 1976 Amendment, all questions including right, title or interest in the property between the parties to the proceeding arising on application under R. 99 by such third person, are required to be adjudicated by executing court itself dealing with application-It is on basis of such adjudication alone that question of possession of suit property can be decided - Furthermore, no separate suit is required to be filed for adjudication of such questions - Applicant has to prove his right, title or interest in property before executing court, and only upon successfully establishing the same can applicant claim to be put back into possession, and not otherwise - Lastly, order passed by executing court upon adjudication shall be treated as decree-Property Law -Ownership and Title

B. Civil Procedure Code, 1908. Or. 21 Rr. 99, 101 and 103 (as amended by CPC Amendment Act 104 of 1976) - Third person other than judgment debtor complaining of dispossession from suit property by decree-holder or purchaser in execution of decree, includes a person seeking to establish their title over the suit property by adverse possession, and this question would be adjudicated by executing court on application under Or. 21 R. 99, as after 1976 Amendment executing court has power to adjudicate all questions including right, title or interest in the property between the parties to the proceeding on application under Or. 21 R. 99. No separate suit is required to be filed for adjudication of such questions, and order passed by executing court upon adjudication shall be treated as decree - High Court, held, committed an - error in observing that in application proceedings under Or. 21 Rr. 99, 101 and d 103, question of title in respect of the property by way of adverse possession need not be gone into - Property Law Act, 1963, S. 27 and Arts. 64 & 65 Adverse possession -Limitation C