Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1968

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.

BAHADUR SINGH & ANR. vs MUNI SUBRAT DASS & ANR. · Niyam