AIR 1997 SUPREME COURT 856 ::1997 AIR SCW 685 ::1997 (1) RevLR 185 ::1997 SCFBRC 183 ::1997 (2) Civ LJ 788 ::(1997) 1 CivilCourtC 612 ::1997 (3) SCC 694 ::(1997) 1 Scale 437 ::1997 (99) Bom LR 643 ::1997 (1) CurCC 460 ::(1997) 2 All WC 1003 ::1997 HRR 328 ::(1997) 2 ICC 678 ::(1997) 1 CTC 292 (MAD) ::1997 (1) MPLJ 487 ::(1997) 1 Mah LJ 817 ::1997 (2) MadLW 266 ::(1997) 1 Mad LW 569 ::1997 (2) MadLJ128 ::1997 (1) RenCR 332 ::(1997) 2 Raj LW 256 ::1997 (1) RentLR 96 ::(1997) 1 SCR 463 (SC) ::1997 Bom LR 1 642 ::1997 (2) Supreme 660 ::1997 (1) SCR 463 ::(1997) 1 JT 641 (SC)

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): A. S. Anand, S. B. Majmudar , JJ

(A) Civil P.C. (5 of 1908) , O.21 R.97, O.21 R.99— Execution - Decree for possession - Obstruction by stranger - Cannot be said that he can get his claim adjudicated only after losing possession - Stranger can get his claim adjudicated even prior to losing possession to decree-holder. Constitution of India , Art.14— C.R.No. 381 of 1996, D/- 17-5-1996 (Patna), Reversed. It cannot be said that the only remedy available to the stranger to the decree for possession who has resisted its execution, to have his claim adjudicated is the one under R. 99 of O. 21 after he has lost possession to the decree-holder and that he has no locus standi to get adjudication of his claim prior to the actual delivery of possession to the decree-holder in the execution proceedings.C. R. No. 381 of 1996 of 17-5-1996 (Patna), Reversed.(Para 5) It is easy to visualise that a stranger to the decree who claims an independent right, title and interest in the decretal property can offer his resistance before getting actually dispossessed. He can equally agitate his grievance and claim for adjudication of his independent right, title and interest in the decretal property even after losing possession as per Order XXI, Rule 99. Order XXI, Rule 97 deals with a stage which is prior to the actual execution of the decree for possession wherein the gr....