In Brief
This appeal concerns the restoration of possession to a person dispossessed during execution of a decree. The respondent, claiming prior possession and adverse possession of property, sought restoration under Order XXI Rules 98-100 of the Code of Civil Procedure. The executing court rejected the claim, finding insufficient proof of title. The High Court allowed the appeal, directing restoration based on prior possession alone. The Supreme Court held that after the 1976 Amendment to Order XXI Rule 101, a dispossessed person must prove right, title, or interest—not merely prior possession—to be restored. The Court upheld the executing court's order, setting aside the High Court's judgment and affirming that the executing court must determine questions of title in such applications.
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