In Brief
The Bangalore Development Authority (BDA) challenged orders dismissing its applications to be impleaded in execution proceedings arising from a civil decree. BDA claimed that land at the centre of the dispute had been acquired by it in 1977-1978 and that a lease agreement subsequently entered into by the decree holder was therefore invalid. The High Court and Executing Court had rejected BDA's applications, holding that BDA had not proven possession. The Supreme Court held that under Order XXI Rules 97 and 101 CPC, an obstructor claiming title need not prove possession to be impleaded. The Executing Court must determine all questions of right, title and interest relevant to the obstruction application. The Court allowed the appeals, quashed the impugned orders, and directed the Executing Court to implead BDA and adjudicate its claims on the merits."
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