Supreme Court · 2003 INSC 68 · Decided 6 February 2003
Sarwan Kumar and ANR. v. Madan Lal Aggarwal
- Court
- Supreme Court of India
- Citation
- 2003 INSC 68 · [2003] 1 S.C.R. 918
- Case number
- CIVIL APPEAL No. 1058/2003
- Decided
- 6 February 2003
- Bench
- S.S.M. QUADRI, ASHOK BHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47; Constitution; Rent Control Act Section 14, 50
Headnote
Rent Control and Eviction: -r c Delhi Rent Control Act, 1958-Sections 14 and 50-Decree for ejectment qua commercial tenancy by civil court-Subsequent decision of Supreme Court declaring commercial tenancy heritable-Thus civil court lacked jurisdiction to pass such decree-However Executing Court appeal, held decree ~· passed by Court having_ no jurisdiction would be a nullity, thus inexecutable- D Objection to execution of decree can be taken whenever it is sought to be enforced including stage of execution of decree or any other collateral proceedi11gs. Judicial
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