anilkumar yadav (student) 15 October 2020

Preliminary decree?

In a suit of possession and mesne profits the trial court framed a preliminary issue: whether the suit property is governed by Delhi rent control Act (tenant contention) or Transfer of Property Act( landlord contention)? After evidence and arguments the court passed a JUDGMENT holding that TPA applies. Review was filed and dismissed. Is the JUDGMENT a decree for S. 97 CPC?? PLEASE GIVE YOUR VALUABLE OPINION.

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Quick Summary

This discussion seeks clarification on whether a preliminary judgment, determining that the Transfer of Property Act applies over the Delhi Rent Control Act in a possession suit, qualifies as a decree under Section 97 of the Civil Procedure Code. The trial court's reasoned judgment, after evidence and arguments, was upheld upon review. The poster is seeking expert legal opinions on this matter.

3 Replies

Dr J C Vashista (Advocate) 15 October 2020

Case file is required to be perused before forming an opinion.

If you feel so, may contact me with relevant records (on appointment) at Chamber No 647, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com or visit JCV India.com