SHEW BUX MOHATA AND OTHERS vs BENGAL BREWERIES LTD. AND OTHERS

The Supreme Court held that under Order 21, Rule 35 of the Code of Civil Procedure, 1908, a decree-holder can accept delivery of possession without the actual removal of the person in possession, thereby binding themselves to the position that the decree has been fully executed. The Court affirmed that once possession is acknowledged and the execution case is dismissed, further execution proceedings are not permissible. Additionally, it was held that a purchaser from the respondent could be added as a party to the appeal, following the principle established in Saila Bala Dassi v. Nirmala Sundari Dassi.