LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SHARAD CHANDRA DANEJ (Asstt. Manager)     30 September 2017

Obstruction in execution of decree

A's agricultural land was occupied by Mrs B unlawfully. A filed civil suit for possession of the said land. The lower court decreed in favour of A.  During the pendency of the suit in lower court Mrs B dies. Mrs B's legal heirs went in appeal in Sessions court and then to the High Courts. Both the appellate courts dismissed appeals by legal heirs of Mrs B. They then tried their luck by appealing to Supreme Court, where the  appeal was not admitted and hence dismissed. A filed execution proceedings in the lower court. Here one lady, one of the  legal heirs of Mrs B objected the execution of the decree on the ground that she is still in possession of the land in question and that she was not arrayed in the original suit. In fact summons were issued by the lower court at the time of original suit but since no one turned up, the lower court deleted her name. The lower court dismissed the objections of the lady who is one of the legal heirs of Mrs. B. The lady had gone in appeal in Addition Distt Court against the lower courts decision for execution.

Now please let me know what is the best defence for A. The case is of Maharashtra.

 



Learning

 1 Replies

P. Venu (Advocate)     01 October 2017

Given the case history, your learned advocate has the best defence. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query