Supreme Court · 1995 INSC 379 · Decided 12 May 1995

B. Gangadhar v. B.G. Rajalingam

Court
Supreme Court of India
Citation
1995 INSC 379 · [1995] SUPP. 1 S.C.R. 535
Case number
CIVIL APPEAL No. 10546/1995
Decided
12 May 1995
Bench
K. RAMASWAMY, S. SAGHIR AHMAD (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 21, 151

Headnote

B Code of Civil Procedure 1908 Order 21 Rules 35(3).101-Execution proceedings-Questions relating to right, title or interest in the property-Executing Court mandated to C decide-Not by way of a separate suit-Tenant need not eonominee be impleaded as party defendant-Nor is it an impediment to laid a suit for declaration of title to and possession of a certain property. The trial Court D issued the declaration and directed the petitioner to hand over the vacant possession to the respondent. 111e decree had become final. When the warrant was issued execution for delivery of

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