SUNDER DASS vs RAM PRAKASH

The Supreme Court held that an executing court cannot question the legality of a decree unless it is a nullity due to lack of inherent jurisdiction. The Court affirmed that the introduction of the proviso in Section 3 of the Delhi Rent Control Act, 1958, with retrospective effect, must be treated as part of the section from the date of enactment. Consequently, the finality of any prior judgment or decree does not impede the application of the retrospective proviso, thereby allowing the execution of the decree to be challenged if it is deemed a nullity.