In Brief
Mrs. Cherian obtained a decree in 2000 for possession of land in Kottayam after a prolonged suit. Before execution in 2017, third parties resisted, claiming they had purchased portions from the defendant (Mr. Mathew) through Land Tribunal Purchase Certificates. The trial court allowed the third parties' objections to be heard, finding them maintainable. The Supreme Court upheld this decision, holding that the executing court must enquire into third-party claims of independent title under Order XXI Rules 97–103 of the CPC. Although Mr. Mathew obtained property rights through the Land Reform process, the executing court must examine whether transfers occurred during periods when no lis was pending and evaluate the effect of unchallenged Purchase Certificates before determining the decree's enforceability against the third parties.
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