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may 1984

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.

DULAREY LODH vs THE IIIRD ADDL. DISTRICT JUDGE, KANPUR & ORS. · Niyam