KOK SINGH vs DEOKABAI

The Supreme Court upheld the High Court's decree allowing the respondent to enforce a charge on the property under the Central Provinces Tenancy Act, 1920, despite the appellant's claim of occupancy rights. The Court found that the prohibition against creating such a charge had been repealed prior to the decree. Furthermore, the Court ruled that the High Court was competent to grant the decree for enforcement of the charge under Order 41, Rule 33 of the Civil Procedure Code, even though the respondent did not appeal the trial court's decision denying her claim for a charge.