Supreme Court of India · 1968-10-16
BAHADUR SINGH & ANR. vs MUNI SUBRAT DASS & ANR.
- Citation / case number
- SC 1966/60046
- Court
- Supreme Court of India
- Petitioner
- BAHADUR SINGH & ANR.
- Respondent
- MUNI SUBRAT DASS & ANR.
Judgment text excerpt
The Supreme Court held that under Section 47 of the Code of Civil Procedure, tenants cannot object to the validity of an arbitration award after a decree has been passed based on that award, as all questions regarding the award's validity must be determined by the court where the award was filed (Sections 14, 17 of the Arbitration Act). However, the Court found that the decree for possession was a nullity as it contravened Section 13(1) of the Delhi and Ajmer Rent Control Act, which prohibits recovery of possession without a valid ground for eviction. Consequently, the decree could not be enforced in execution.