Supreme Court · 2025 INSC 329 · Decided 5 March 2025

Periyammal (Dead) Through LRS & ORS. v. V. Rajamani & ANR. ETC.

Court
Supreme Court of India
Citation
2025 INSC 329 · [2025] 3 S.C.R. 540
Case number
CIVIL APPEAL No. 3640/2025
Decided
5 March 2025
Bench
J.B. PARDIWALA, PANKAJ MITHAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47

Headnote

Whether the courts below committed any error in upholding the objections raised by the respondent nos. 1 and 2 herein against execution of the decree on the claim of being in possession of the suit property in their capacity as cultivating tenants; Whether and 2 are entitled to the protection of the Tamil Nadu Cultivating Tenants' Protection Act, 1955 and could the Executing Court have decided the question of validity of the decree on this ground. Code of Civil Procedure, 1908 - s.47; Or. XXI, rr.97, 101 - Tamil

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