In Brief
The case concerns whether courts executing a decree can decide questions of title and tenancy rights when obstruction occurs. The appellants claimed to be tenants and obstructed execution of a mortgage decree, while the respondent sought possession based on adverse possession. The Supreme Court held that executing courts have the power to examine and determine claims of tenancy or adverse possession that affect decree enforcement, contrary to the High Court's view. The Court found the 1976 amendment to Rule 101 of Order XXI, Code of Civil Procedure did not remove this jurisdiction. The appeal was allowed, the High Court's order directing restoration of possession was set aside, and the executing court's order was restored.
The lawyer headnote and full judgment text are available to registered users.