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Supreme Court Of India

Hon'ble Judge(s): Indira Banerjee, J. K. Maheshwari , JJ

Civil P.C. (5 of 1908) , O.21 R.97, O.21 R.98, O.21 R.99, O.21 R.102— Execution of decree for possession - Objection to - When cannot be raised - Transferee pendente-lite or bona fide purchaser who has never been dispossessed from suit property is not entitled to raise objection against execution of decree under Rr.97,99. In the instant case, the suit property was let out to the tenant by lease. The suit was filed for possession, mandatory injunction and mesne profit by original owner. The owner bequeathed the suit property to the Trust by Will. All the legal heirs admitted the validity of the Will and Trust became a co-plaintiff in the civil suit. The suit was decreed in favour of the plaintiffs, however, one of the legal heirs had transferred the disputed suit property to a Company. The company even took possession directly from the judgment debtor. The company subsequently filed an application raising an objection to the execution petition. It was admitted by a Company itself that it is a bona fide purchaser of the property and not the 'decree holder'. Order 21 Rule 97 clearly provides that it is only the 'decree holder' who is entitled to make an application where he is offered resistance or obstruction by 'any person'. R.102 clarifies that Rule 98 and Rule 100 shall not apply in a case where resistance or obstruction in execution of decree for he posses....