Supreme Court of India · 1984-05-03
DULAREY LODH vs THE IIIRD ADDL. DISTRICT JUDGE, KANPUR & ORS.
- Citation / case number
- SC 1980/63272
- Court
- Supreme Court of India
- Petitioner
- DULAREY LODH
- Respondent
- THE IIIRD ADDL. DISTRICT JUDGE, KANPUR & ORS.
- Bench
- FAZALALI, SYED MURTAZA
Judgment text excerpt
The Supreme Court held that the decree for ejectment became legally executable following the retrospective application of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976. The Court clarified that the decree could not be set aside under the 1972 Act, and once the bar was removed, the doctrine of eclipse applied, allowing the decree to revive and become executable. The appeal was dismissed, affirming the lower courts' decisions that the decree was valid and executable post-amendment.